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.

August 14, 2006 - REGULAR

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, August 14, 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. Approve Minutes of July 24, 2006
Motion by Sipples, second by Dudek, to approve July 24, 2006 Minutes amended as follows –

Page 1, add the following Motion under Tax Abatements and Refunds – Motion by Dudek, second by Sipples, to abate the taxes for the Town of Killingworth on the Wettish property in the amount of $2,523.72. SO VOTED.

Page 2, 3rd paragraph, add First Selectman Klein as voting in favor of the motion to install two speed limit signs on Lovers Lane.



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

3. Visitors
Phil Stull noted he submitted a Citizen Petition back in January requesting the Board of Selectmen appoint an ad hoc traffic committee to study the road system in Town and have an overview of what’s happening in town. The Town should be proactive in this rather than reactive. The uses of the roads should be looked at as well as speed and ways of improving the quality of life in Killingworth. He suggested a public hearing should be held to gather ideas from the citizens to identify areas of concern. Phil Stull and Jere Adametz volunteered to be on the committee. Other members could be sought from the Town Committees. Dudek noted that if the committee were appointed now, it would have to be reappointed in January. Motion by Sipples, second by Dudek, to establish a Traffic Study Committee consisting of five members in addition to the acting Town Highway Foreman and one member of the Public Safety Community with the charge being to gather information concerning vehicular, pedestrian, and other users of Killingworth’s road system and make a report containing proposals to the KBOS intended to increase safety and to help maintain Killingworth’s rural character. Voting in favor – Sipples, Dudek, Klein. Opposed – none. Motion Carried.

Jere Adametz noted the narrow part of Alders Bridge Road has been reconstructed and there is runoff on to his property. He indicated the Town cannot run water on to private property without permission. Mr. Adametz stated he would like the matter corrected or a letter from the Town indicating this is temporary and will be corrected when the proper drainage is installed. First Selectman Klein noted this will be taken under consideration.

Tom Lentz was present representing the Killingworth Historical Society along with Julia McCurdy and Heather ?. Mr. Lentz noted Julia and Heather have been working at Union District Cemetery restoring grave stones. Some tree work had been done at the Cemetery and unfortunately there was some damage to some of the grave stones. Ms. McCurdy gave a brief summary of the restoration work they have been doing at the cemetery and that they found several broken head stones after the tree work had been done. She noted she was sad to see the disrespect that had occurred. They spoke to the Resident Trooper, but was told that because this wasn’t willful damage it could not be pursued as a criminal matter, but was a civil matter. The tree cutting crew has denied any responsibility for damaging the stones or making any compensation for damages. She urged the Town to pursue whatever needs to be done to recover damages. Both Messrs. Klein and Lentz contacted the Wilcox Tree cutting people. The Board of Selectmen noted that before this can be pursued, it must have a dollar amount for the damages. A dollar amount will be determined and given to First Selectman Klein who will contact Wilcox and, if necessary, then contact the Town Attorney. Mr. Klein noted he didn’t think Wilcox did this willfully. He also noted that Mr. Broach was invited to be at the cemetery during the tree cutting work, but did not attend. 

Mike Board submitted a 2 page Freedom of Information request to see various documents.

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

5. Appointments and Vacancies – none.

6. Old Business
1. Traffic Commission – P. Stull
This item was discussed under Visitors above.

2. Sludge Lagoon Testing – Update
First Selectman Klein noted he was waiting for the final letter from the State as to what to do. Arrangements must be made for the dewatering and soil testing. The testing will cost approximately $11,000. First Selectman Klein noted he would like to have the lagoon closed by the end of the year, but it takes time to get a response from the State. There was a brief discussion about this work going out to bid. Selectman Dudek noted there might be a State bid list for this type of work. There are 15 specific work elements in the Plan of Action that must be addressed. First Selectman Klein noted this will be discussed further at another meeting.

7. New Business
1. Roll-Off Truck Bid
The following 5 bids were received and opened at the BOS meeting –
1. Stanley Burr $2,165.00
2. Gerald Wiknik $1,700.00
3. LPS Assoc. LLC $5,551.00 (Peter and Linda Venuti)
4. Ed O’Connell $4,100.00
5. Chester Marina $5,113.00
Motion by Dudek, second by Sipples, to accept the highest bid for the Roll Off Truck from LPS Associates LLC (Peter and Linda Venuti) in the amount of $5,551.00. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.

2. Progress on Bonding
First Selectman Klein noted he had a meeting scheduled tomorrow with the bonding people to review the process. Moody’s, the rating agency, will be calling on Wednesday asking a lot of questions about the community, population, education, household income, etc. There was discussion about what would be included in the bonding (notes from Bosco and Wettish properties, infrastructure cost). It was noted the school bond has nothing to do with this issue. Peter Venuti suggested the Town should look into just going to a bank to borrow funds as well. Selectman Dudek noted the Town has already voted to go out bond and has picked Webster Bank as the bonding representative. 

3. Dev. Of Athletic Fields
Shelly Cumpstone and Chris Kelly were present from Park & Recreation. She noted the initial plan for 5 soccer fields was for $700,000. A letter from Connecticut Office of Policy and Management dated July 24, 2006 from Robert Genuario was reviewed. This letter noted there was a change in scope of the $500,000 STEAP grant from the Transfer Station project to various recreation improvements on the Wettish property. Ms. Cumpstone noted they would come to the Town at some point for the additional $200,000. Mr. Kelly noted they have a topographic survey in 2 foot contours, but have not located an engineer yet. Selectman Dudek noted Park & Rec should come back to the BOS when they have an engineering cost. It was not known whether prevailing wage would have to be complied with. 

4. Emergency Management & Homeland Security/Memorandum of Understanding
Don McDougal noted he was present to ask the Board of Selectmen to approve financing for the generator at Killingworth Elementary School (funds to be reimbursed by the State). The cost was $44,531 including installation. Selectman Dudek asked if there was a signed document indicating these funds were reimbursable and earmarked specifically for Killingworth. Mr. McDougal replied yes – 2004 was $24,000; 2005 was $21,000 and 2006 was $4,500. It was noted the Memorandum of Understanding has to be signed first and then the dollars can be applied for. Selectman Sipples inquired about the diesel fuel tank that had been approved at the last meeting. First Selectman Klein noted that money was not reimbursable. Ms. Scofield asked if the new school had a generator. First Selectman Klein replied yes and Superintendent Mala has said Killingworth could use it if necessary. Selectman Sipples noted Essex just held a meeting with the townspeople explaining what the emergency situation would be. First Selectman Klein noted he would be happy to hold a similar meeting in Killingworth to alert the public. Mr. McDougal noted a meeting is being set up with Mr. Mala to tour the new school. Motion by Dudek, second by Sipples, that the First Selectman be authorized to go to the Board of Finance to request an additional appropriation in the amount of $44,531 with the understanding that this money is reimbursable by the Department of Homeland Security if in fact, the Town has a valid signed Agreement between the State of Connecticut and Town of Killingworth. Voting in favor – Dudek, Sipples, Klein, Opposed – none. Motion Carried. Motion by Dudek, second by Klein, to sign the Memorandum of Understanding for 2005 for $22,217. Voting in favor – Dudek, Klein, Sipples. Opposed – none. Motion Carried.

5. CRERPA – Natural Hazard Mitigation Plan
Selectman Dudek noted he has not read this Plan yet and would like to do so. This will be put on the next agenda.

8. MK Announcements
First Selectman Klein noted the following –

Alders Bridge Road – Tilcon will be grading and putting in the asphalt by Wednesday. The following week the soil berm will be put in and the apron cut. CL&P will move the pole and wires. 

Bellard Property/Route 81/Green Hill Road – A Town Meeting will be held on August 29th to accept the Bellard property. By the end of next month, drawings should be complete and this can go out to bid. Catch basins will be needed on the Vet property next door.

Burr Hill Road – Planning on commencing construction by July 1, 2007 to widen the road by 10 feet and install new railings. Bids will be sent out.

Reservoir Road Bridge – The Committee is working on this. They have 5 engineering companies to interview and they will then make their decision. 

Mowing was discussed. A complaint was received on River Road. Walter Adametz noted mowing is being done at intersections. 

Selectman Sipples noted it was reported at the last meeting there were 104 complaints from residents and asked what is being done with these. First Selectman Klein noted they are being handled as they come in. Mr. Adametz noted a lot of the complaints were for road sweeping which the Town was not going to do this year. First Selectman Klein noted road sweeping is being done selectively. 

Jere Adametz noted there was a dead tree on Alders Bridge Road that finally came down during a storm and is laying in his field. He would like it removed so he can mow his field. 

There was a brief discussion regarding a complaint letter from Richard Welch, Jackson Road, about cars for sale and road sweepings being dumped at the corner of Routes 148/145. Mr. Adametz noted that when the Town Crew has time they pick up the road sweepings and remove them. 

9. Selectmen’s Concerns
Selectman Dudek did not have any concerns.

Selectman Sipples reviewed the following –
Selectman Sipples asked First Selectman Klein if he responded to the “Generations Together” letter mentioned at the last meeting. Mr. Klein indicated he did not recall. Selectman Sipples noted he keeps bringing this up and Mr. Klein keeps ignoring it. First Selectman Klein noted there just aren’t enough hours in the day and he is overwhelmed. 

Selectman Sipples asked what the status was of his request made at a recent meeting for the Land Use Committee to assist Park & Recreation with the plans for the Wettish property. First Selectman Klein noted he has not done anything yet with that; it is more important at this point to get the funds. Sipples asked Klein if he was going to determine if Park & Rec wanted the Land Use Committee to assist them or was he going to ignore that to. First Selectman Klein did not respond and departed from the meeting at 8:46 PM.

Selectmen Dudek and Sipples continued with the meeting.

Selectman Sipples noted there is a meeting on Friday about repair of a bridge on Route 80, ¼ mile south of the Traffic Circle. Walter Adametz briefly reviewed this project which is scheduled to start in April 2007.

Selectman Sipples asked Selectman Dudek about the status of the network administrator. Dudek noted he is meeting with one of the bidders this week and will do a write up for the other selectmen. Selectman Sipples asked if he could have copies of the 3 bids and Dudek replied yes.

Selectman Sipples noted First Selectman Klein had talked about an energy purchasing program and asked about its status. Selectman Dudek noted this needs further discussion.

Selectman Sipples noted there had been no presentation yet regarding Affordable Housing. Dudek noted the Assessor was going to supply copies to the Selectmen of what needs to be done for the coming year, but nothing has been received yet. Lou Annino noted he took umbrage with the service in the Town Hall, and specifically in the Assessor’s office. He suggested the Board of Selectmen review this matter.

Selectman Sipples asked about the invitation to a Region 17 event to be held on August 28th. Dudek replied he was not attending. Sipples wanted to know who would be representing Killingworth.

10. Adjournment
Motion by Sipples, second by Dudek, to adjourn at 9:00 PM. Voting in favor – Sipples, Dudek. Opposed – none. Motion Carried.

August 9, 2006 - REGULAR

1. Call to Order
The Killingworth Board of Selectmen held a special meeting on Wednesday, August 9, 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. Visitors
Walter Adametz, Jr. – Public Works – was present. He indicated he would like to hire a replacement employee for the vacant position on the Town Crew. This position (driver/operator) has been vacant since November 11, 2005 and the salary is included in the current budget along with the raise. First Selectman Klein noted he didn’t think filling this position at this time was justified as the cutting of grass was almost done. He indicated he would like to look into eliminating the compactor which costs upwards of $300,000 a year. Mr. Klein stated only 40 percent of the townspeople use the compactor. It was noted the Ahearn administration had previously looked into this. Mr. Klein stated the PAYT Committee is talking about compacting cardboard and a special person will be needed for that in addition to the 4 employees that already work the compactor site. Klein suggested having a committee look into subbing this out and come back with recommendations. Selectman Dudek noted this was researched in 2004 and the numbers weren’t cost effective. Klein stated he thought this should be revisited. There have been several breakdowns and repair bills. Selectman Sipples noted the money is in the budget for replacement of that person and asked First Selectman Klein why that person had not been replaced, especially since things have been backed up. Klein indicated they have been working through the backed up items and if you hire another person, they will be on staff forever. It is all how you plan your work and you put your people in place. Dudek noted that just because the money is there is not a reason to hire someone. It was noted none of the transfer station employees are qualified to be driver/operators. Mr. Adametz reviewed the lack of highway department employees. Summer is the only time highway employees are allowed to take vacation and this creates a problem. Dudek asked if the contract states highway employees cannot take winter vacations. Adametz replied yes. First Selectman Klein stated it was his position there is enough staff and no more is required. He felt as much as possible should be subcontracted out. Mr. Adametz noted that if that is the position of this Board then the salary should have been withdrawn from the budget and the people not taxed on it. Jere Adametz asked if employees are hired to do specific jobs. Klein indicated job descriptions are in the process of being updated. In the past everyone does whatever is asked of them; there was no jurisdictional dispute. 

Arlene Tunney asked what the policy was with curb repair. W. Adametz noted they have a list and they do it when they get to it.

Walter Adametz noted that since this administration took over the highway department has been singled out and made a whipping boy and micromanaged. There have been 104 complaints in the last six months. He further noted there was an extensive road maintenance program previously and it has been thrown out the window. He reviewed funds that had been taken out of the budget and then put back in by Board of Finance. If this is going to continue the roads will start to go backwards and the Town will be in deep trouble. Road sweeping and roadside mowing has been eliminated. Dudek noted this had been discussed at a previous meeting (at which Sipples was not present) and the reason for it was because the road crew was going to be tied in 2 other projects – Alders Bridge and Green Hill. Road sweeping was going to be done as needed. Dudek noted the First Selectman is Director of Public Works by Charter. Sipples agreed but noted the Director of Public Works is supposed to come to the Board of Selectmen. 

Jere Adametz noted the Town Attorney indicated the Town is responsible if something happens on a Town road. The road east of Chittenden Road is terrible condition and should be maintained in the event of an emergency. Walter Adametz noted he was instructed to not do anything with gravel roads unless told to do so. W. Adametz reviewed Beckwith Road and North Chestnut Hill Road. 

Dudek asked if there was a list of the normal plan for road maintenance. W. Adametz replied yes. Klein asked why this wasn’t presented to him when he first took office. W. Adametz replied that he was never asked for it. Adametz reiterated they have never gotten this many complaints. 

W. Adametz noted it was his job to bring all this to the attention of the Board of Selectmen. Section 7-3 of the Charter was referenced as the First Selectman being the Director of Public Works. 

Walter Adametz noted a fingerprint time clock was installed in March; the highway department being the only department having such a clock. The clock doesn’t work half the time and the service technician has been on site to reset it several times. This item was supposed to be a time saving thing, but we still hand write the time sheets. The time clock has been down for weeks at a time.

Walter Adametz noted the cleaning service at the town garage was eliminated on 1/6/06, but wasn’t eliminated anywhere else. He indicated as of 12/30/05 he couldn’t take the truck home anymore for emergency calls. It takes longer to respond to emergencies and therefore costs the town more money. 

Walter Adametz noted the heat was turned off in the dog pound and the pipes froze and broke and money was spent for these repairs. He also noted the heat was turned down in the Town Hall and pipes froze and broke in that building. 

Mike Board noted the fingerprint time clock was a capital expenditure and it should have been on the Agenda. No one person on this Board has the authority to do a capital expenditure and that was a misappropriation of funds and against the State Statutes. He noted the guard rails was over $5000 and should have gone out to bid. That was a direct violation of the bidding process. Mr. Board asked Mr. Klein why he doesn’t pay attention to the Town regulations and Town law. 

Dudek noted he brought up the issue of the guard rails and road salt going out to bid and was told that would happen. It was noted that never came back to the Board of Selectmen. 
Mike Board noted the time clock never came to the Boards of Selectmen or Finance and was illegal. He stated it was appalling that a citizen has to tell the Board of Selectmen they are breaking the law. This is not a one man show in Killingworth. 

Arlene Tunney noted the fingerprint machine was never brought before the Board of Selectmen and the jersey barriers were over $5000. It was noted after the fact this was going to a grant writer for funds and then the grant writer was taken out of the budget. 

Rick Albrecht noted this was a special meeting and things were deviating from the agenda.

3. Review of Charter
Page 9 – there was discussion regarding the appointment of Planning & Zoning Alternates. Rick Albrecht noted the Charter was silent about this in the past. He indicated it was the opinion of the Charter Revision Committee that the Board of Selectmen appoint P&Z alternates. Discussion followed about alternates being required to attend every meeting and whether or not that was necessary. 

Page 11 – there was discussion regarding the fact that P&Z alternates should be called on a rotating basis. It was noted that in previous administrations, that was not the case. Jere Adametz noted alternates should be present at every meeting in the event they are required when a vote has to be taken and a regular member may be absent. This way the alternate is knowledgeable on what has transpired during the application process and can vote intelligently on the matter. 

Page 26 – with regard to the Assessor, it was suggested the first paragraph be changed to say “just cause”. First Selectman Klein noted “just cause” should be spelled out.

Page 30 – Bidding Procedures - $5000 was changed to $10,000. Selectman Sipples noted there was a 1992 “…Competitive Bidding of Contracts…” in force and that procedure should be adopted using $5000 to $9999 as an amount. It was further noted this procedure exists today and the Town does not adhere to it. Mr. Albrecht noted the other procedure was not part of the Charter but a Town law. Mike Board noted this procedure was approved by the Boards of Selectmen and Finance in 1992 and became Town law using the figure between $2500 and $5000, and that law has never been superseded. 

Selectman Dudek noted he had requested the Charter Revision Committee to review the subject of having a Public Works Commission specifically because the Board of Selectmen can’t possibly know what goes on on a daily basis at the highway department. A Public Works Commission should consist of experienced people knowledgeable in road repair. Dudek noted he was disappointed this was not in the proposed revisions to the Charter. Rick Albrecht stated he thought this was being addressed by the Board of Selectmen. There was discussion as to whether a Town Engineer could act as a Public Works Commissioner. Jim McDonald noted he didn’t think the Charter Revision Committee had the knowledge to structure such a Commission. First Selectman Klein noted he would like to use the members of the Reservoir Road Bridge Committee to do this when that Committee is done with the bridge project. Phil Stull noted he remembered Selectman Dudek recommending a Public Works Commission. He supports that idea and indicated it would be a mistake to let it go by. 

There was discussion about timing to have the Charter revisions on the November ballot this year. Selectman Dudek noted he wanted these changes well thought out and the process not rushed through. 

Mike Board noted more specifics need to be in the Charter about guidelines governing the Selectmen. There is currently no way to deal with someone not doing their job. There needs to be an employment policy specifically spelling out guidelines and minimum hours for the First Selectman. 

Motion by Dudek, second by Klein, that the Charter Revision Committee re-examine the following 3 items –
1. Bidding process adopted in 1992 which is a part of the record tonight,
2. A re-request for the Public Works Commission based on discussion tonight,
3. An employment policy for the Board of Selectmen which includes the First
Selectman and the other two Selectmen.
Discussion followed. Motion was amended as follows –
Motion by Dudek, second by Sipples, to amend the above motion by adding Item 4. as follows –
4. To re-examine the appointment of Alternates to the Planning & Zoning Commission.
VOTE ON AMENDMENT – Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.

VOTE ON ORIGINAL MOTION – Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.

4. Authorization of Town Meeting – Property Conveyance Green Hill Road & Route 81
Motion by Dudek, second by Sipples, to authorize the Board of Selectmen to call a Town Meeting to accept the Bellard property at Route 81 as accepted at the last BOS meeting. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.

5. Emergency Management/Tank Purchase Estimate
There was discussion regarding the current 1000 gallon fuel tank and the fact that if the Town has a serious emergency, there would not be enough fuel. The question at this point is does the Town purchase it this year or next year. Selectman Dudek noted he would be in favor of approving it and letting the Board of Finance decide when to purchase it. The following 3 bids were received – Tesco $10,495; White Welding $11,850; $Superior Fuel $11,565.45. Motion by Dudek, second by Sipples, to accept the Tesco bid for the 2000 gallon fuel tank at $10,495. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried. Motion by Klein, second by Dudek, to authorize the First Selectman to go to the Board of Finance to ask for an appropriation of $10,495 to purchase the fuel tank. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.

6. Purchase Order/All Committees
Selectman Sipples noted First Selectman Klein appointed an ad hoc committee to look into the Purchase Order Policy and he thought he should have been the Board of Selectmen. The BOS were never given an opportunity to ask questions about the policy; such as the amount and pre-approval by the First Selectman. First Selectman Klein noted he is trying to have accountability and a Purchase Order Policy is the way to do it. There was discussion about how the policy should work. Walter Adametz felt that $500 was too low and suggested $1500. Arlene Tunney noted the Board of Finance disagreed with parts of the policy and sent a letter to the First Selectman. Mr. Klein noted he did not get the letter. Ms. Tunney noted the Board of Finance felt there should be a recourse for any department to go to the Board of Selectmen if denied by the First Selectman. 

There was discussion regarding getting pricing for the Town Hall boiler. Ms. Tunney suggested the Town get a mechanical engineer to write a specification for the boiler. 

Selectman Dudek asked for a copy of the Board of Finance letter and noted this item needs to be examined further. 

7. Executive Session – Walter Adametz, Jr. – Discussion Re Interim Public Works Foreman
Motion by Dudek, second by Klein, to go into Executive Session at 9:36 PM. SO VOTED. Motion by Dudek, second by Sipples, to come out of Executive Session at 10:16 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.

8. Adjournment
Motion by Dudek, second by Sipples, to adjourn at 10:17 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.