October 23, 2006 - REGULAR

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, October 23, 2006, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were Selectman Edward Sipples and Selectman Fred Dudek. First Selectman Martin Klein was present at various times throughout the meeting. Selectman Sipples called the meeting to order at 7:00 PM.

The Pledge of Allegiance was recited.

2. Approval of Minutes
Motion by Dudek, second by Sipples, to correct the date of the “October 10, 2006 Record of the Vote” to “October 3, 2006 Record of the Vote”. Voting in favor – Dudek, Sipples. Opposed – none, Motion Carried.

Motion by Dudek, second by Sipples, to approve the October 3, 2006 Minutes as written. Voting in favor – Dudek, Sipples. Opposed – none. Motion Carried.

The October 10, 2006 Minutes were tabled until the next meeting as First Selectman Klein was not present at this time.

3. Visitors
It was noted Jim Ward was not present.

Jim Thomsen was present and asked about the status of the Athletic Fields. It was noted the Board of Selectmen recently authorized the First Selectman to sign the Agreement with the State of Connecticut for the $500,000 STEAP Grant. First Selectman Klein is pursuing this matter. The funds from the STEAP Grant were changed from the Transfer Station to the Wettish Property project. The Bethke Field is just about complete and will be used next spring. An outside landscaping firm has been hired to do some clean up work. Lou Annino asked if the Town Centre Plan had to go back to Town Meeting to be defunct. It was agreed this will have to go back to Town Meeting. The Park & Recreation Commission has to pick an engineering firm, but they are not ready to discuss that yet. Those dollars can come out of the STEAP Grant funds.

Jere Adametz noted it was his understanding the State has already approved the transfer of the STEAP funds. It was noted the Agreement will be signed after approved at a Town Meeting. Mr. Adametz noted the townspeople should have been asked before if they wanted those funds to be transferred to another project.

Jim Thomsen asked for a status update on Lover’s Lane. Selectman Dudek noted the former Board of Selectmen voted to go ahead with the Town Engineer’s plan for a 100 year event. During the permitting process with Inland Wetlands, First Selectman Klein pulled that application and that is when all the controversy started. Two months ago the Inland Wetlands Commission was before this Board indicating they had a problem with that plan. Selectman Sipples noted Inland Wetlands has contacted people from the Environmental Review Team and they are currently conducting an environmental impact study. The Town Engineer has been contacted and asked to come back with a permanent solution for Lover’s Lane. Selectman Dudek noted the Town Crew has been attempting to keep the pipes clean.

Michael Board submitted two documents, one relative to the Charter and the other one questions deserving a written legal opinion from the Town Attorney. He asked if the Town Charter (Exhibit A) was to be considered the law of the Town. Exhibits B1 and B2 were created in 1992 having to do with competitive bidding of contracts and was approved by the Board of Selectmen on January 13, 1992 and by the Board of Finance on February 11, 1992. Selectman Dudek noted this was not an Ordinance, but a regulation of the Town. Exhibit C referred to Section 9-5(f) Bidding Procedures of the Town Charter. Mr. Board reviewed each of the 3 questions he was asking to be answered by the Town Attorney. Mr. Board noted all three selectmen have a fiduciary responsibility to the Town of Killingworth to safeguard town funds. When budgets are created, the Board of Selectmen is expected to follow those budgets and bidding procedures. He urged the Board to take a vote to send these questions to the Town Attorney for a written legal opinion.

Scott Kasper (Affordable Housing) was present. He noted he would like to make sure this Board is prepared to address the calculations for affordable housing in view of the upcoming revals. Mr. Kasper noted he spent 8 months straightening this out last year. It was noted John Amport and Michael Board are working on the affordable housing process. The regulations have not been updated since March of 1994. It was noted the median income for New Haven County should be used. The last time the median income for Middlesex County was used and that is considerably higher. Mr. Board invited Mr. Kasper to the next meeting of the Affordable Housing Committee. Selectman Sipples suggested putting Affordable Housing on the next Board of Selectmen Agenda.

4. Tax Abatements & Refunds – none.

5. Appointments/Vacancies
Selectman Sipples noted Doug Stevenson resigned from the Board of Education. There is a Board of Ed policy that must be followed for filling vacancies. This must be a Town Meeting vote and not a Board of Selectmen vote.

Selectman Sipples noted Virginia Wohlstrom resigned as Justice of Peace.

6. Old Business
1. Town Hall Computer System Bid
It was noted First Selectman Klein and Selectman Sipples attended a Board of Finance meeting to request an appropriation for the Town Hall Computer Bid. Selectman Dudek noted he was contacted by Board of Finance Chair John McMahon. Mr. Dudek forwarded all the information on to Mr. McMahon. The intent was to ask for the maximum amount but the BOF advised that they have appointed a liaison to review this matter. Gwenne Lally is the liaison and wants to meet with the BOS once she has reviewed the information. Mr. Dudek noted the quotes are being held open beyond the 90 days. He stated he was surprised that they appointed a liaison instead of approving the funds. First Selectman Klein asked if it would be better to just wait and incorporate this into the new budget for next year. Selectman Sipples noted there have been some back up problems in the last 30 days where only 3 days actually got backed up. He did not think it was an acceptable risk to wait until the next budget year. Selectman Dudek noted he requested the BOF to take some action on the request for funds for the bids, or at the very least give some feedback. The question arises “do we fund the full amount for a year or just a half year?” First Selectman Klein noted every time there is a problem it costs the town $1000.

2. Traffic Study Committee
It was noted there is a Traffic Study Committee on October 26, 2006 at the Fire House at 7:00 PM. First Selectman Klein will try to attend and if not, will let Selectman Sipples know. It was noted a request is being made for $362.50 for clerical support and office supplies. Selectman Dudek noted there is a line item called “Commission Support” where these dollars can be taken from. (After checking his schedule, First Selectman Klein noted he would be able to attend the October 26th meeting of the Traffic Study Committee.)

3. Discussion Regarding Compensation for Employees Named as “Acting” Managers
It was noted the situation covering the “Acting Town Foreman” has been taken care of, but in the process, the question arose as to other Town Office Employees who might fall under that same situation. Should there be a policy to address this issue? First Selectman Klein noted he thought this should be done on a case by case basis rather than establishing a policy. Various offices were reviewed where this might come up. It was felt that somewhere in the Union Contract there should be a “step up clause” both for the protection of the Town as well as the employee. First Selectman Klein noted the KMEA Contract will be renegotiated in January and this can be dealt with at that time.

7. New Business
1. Sand/Winter Program – J. Ward
It was noted the sand bids will be received up until November 9, 2006 at 3:00 PM and will be opened at the next Board of Selectmen Meeting on November 13th. Selectman Dudek noted the bid document does not specify “red sand.” Walter Adametz noted the Town has the right to reject any and all bids. There are no written specifications for red sand. All the towns are using the red sand. Selectman Dudek noted he is not totally comfortable with this. He asked if somebody who doesn’t have red sand by disqualified from bidding, and if so, that is not fair.

Motion by Dudek, second by Sipples, to bring up under New Business, Alders Bridge Road. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.

It was agreed Alders Bridge Road should be put on the November 13, 2006 Agenda. The prior motion must be rescinded and a new motion approved once the proper documentation is received.

Motion by Sipples, second by Dudek, to include on the Agenda discussion of M. Board’s 3 questions requesting legal opinion. Voting in favor – Sipples, Dudek, Klein. Opposed – none. Motion Carried.

Selectman Sipples noted he would like a formal response as to whether the Town Charter is a guideline or the law and must be followed. Selectman Dudek stated he would be in agreement to get an answer from the Town Attorney to all 3 of Mr. Board’s questions.

Motion by Sipples, second by Dudek, that the Town get a legal written opinion regarding Mr. Board’s 3 questions. Voting in favor – Sipples, Dudek, Klein. Opposed – none. Motion Carried.

8. MK Announcements
First Selectman Klein noted there was a problem with the water pump and that was replaced. However, due to the fact there is a puddle in the driveway, it is felt there may be a leak.

First Selectman Klein noted the Town Hall needs a new oil burner and that will be in next year’s budget. The oil burner will be cleaned this week and hopefully it will make it through another winter.

First Selectman Klein noted the Town also needs a new Town Hall. Everyone is on top of each other. There are privacy issues with the Probate Office. Something needs to be done with deliberate speed. Mr. Klein asked Gina to contact other towns of comparable size to see how they have handled this situation.

First Selectman Klein noted he is in the process of negotiating with the school regarding payment of fees.

First Selectman Klein noted the auditor is looking at pension investments to see if they are producing that they should be producing. The Firemen’s Pension is still being reviewed. That is a long drawn out process. Wayne Sheehan is working on that.

First Selectman Klein noted he received a call from the library regarding issues with that building. It is a poor design and a lot of the boards are rotting and must be replaced. Selectman Dudek noted there was a lot of discussion with the former Board of Selectmen regarding gutters.

There was discussion regarding the Bosco and Wettish properties and the fact there is no one living on these properties and this is a tremendous liability. Mr. Klein contacted the new Fire Chief to see if he would like the outbuildings on the Bosco property for practice. Both Selectmen Sipples and Dudek noted they would have a problem with destroying the red barn on the Bosco property. It was suggested if that barn was resided, perhaps it could be used for off season storage for the Public Works Department. Walter Adametz noted that building was built for animals and it doesn’t have the physical size and room for storage. Selectman Sipples noted he would like to bring this back to the Board of Selectmen for discussion before any action is taken relative to this matter.

9. Selectmen’s Concerns
There was a brief discussion regarding the newly established Town Office Building Study Committee. It was noted in order to sit on any town committee or commission one must be a resident of the town.

Selectman Dudek noted he did not have any concerns.

Selectman Sipples noted he was concerned because he felt the Board misacted with regard to the Sludge Lagoon testing. This should have gone out to bid. First Selectman Klein explained that Brian Curtis from Jacobson & Associates handled this and there are only two companies in the State that do this testing. There appeared to be some confusion as to when this testing was going to be done. Selectman Dudek noted he thought the testing was going to be done next year. First Selectman Klein noted he changed his mind because of the expense and wanted to get the testing done right away. The bids can then go out for the remainder of the work and that can get started next year. There was discussion regarding the dewatering. Ms. Dudek has now allowed the Town to do dewatering. Selectman Dudek noted he asked for a letter from Jacobson & Associates confirming that the testing had gone out to bid. Mr. Klein noted he has a letter from Mr. Curtis stating there are only 2 companies that do this. Selectman Dudek stated that if Mr. Klein can produce that letter, he has no issues with this matter.

Mr. & Mrs. Sanperry, 154 Schnoor Road, were present. They noted they were new residents in town and liked the open dialogue at this meeting. The process for approving the $11,000 for the sludge lagoon testing was reviewed. Selectman Dudek reviewed the issue with the Town Hall and that the Pharmedica Building was looked at some time ago but it was not recommended due to extensive code revisions that would need to be done if it becomes a public building. There was a brief discussion regarding the pipes in the Town Office Building, the prior storage of salt which has rendered the drinking water not potable and whether or not the pipes froze and there is a leak somewhere in the parking lot.

Selectman Sipples noted it was his understanding there are 3 road projects occurring simultaneously next spring at the Circle and south of the Circle. The meeting held last Monday by the State to review the Circle project was discussed. There was discussion regarding projects at Green Hill Road/Route 81, Burr Hill Road and Pond Meadow Road. Mr. Klein also noted the State has been looking at the River Road Bridge where the abutments are deteriorating. Selectman Sipples asked if it is a good idea to have all 3 of these projects at the Circle and south of the Circle going on at the same time.

It was noted the hydraulic information relative to the Reservoir Road Bridge project has been received and forwarded on to Cardinal Engineering.

10. Adjournment
Motion by Dudek, second by Klein, to adjourn at 8:55 PM. Voting in favor – Dudek, Klein, Sipples. Opposed – none. Motion Carried.

October 10, 2006 - REGULAR

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Tuesday, October 10, 2006, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were First Selectman Martin Klein and Selectman Edward Sipples. First Selectman Klein called the meeting to order at 7:00 PM.

2. Approval of Minutes – September 6, 2006 and September 25, 2006
Motion by Sipples, second by Klein, to approve September 6, 2006 Minutes as written. Voting in favor – Sipples, Klein. Opposed – none. Motion Carried.

Motion by Sipples, second by Klein, to approve September 25, 2006 Minutes as written. Voting in favor – Sipples, Klein. Opposed – none. Motion Carried.

3. Visitors
Peter Venuti (PAYT Committee) was present. First Selectman Klein noted he had asked Walter Adametz to get a proposal for maintenance of the compactor. A proposal was received which Mr. Klein then passed along to Mr. Venuti who has knowledge of this type of machinery. Mr. Venuti reviewed the hydraulic inspections and the cost of same. He recommended the fluids be changed once a year and an annual inspection to check everything out (hoses, grease, etc.). He also recommended all roll off boxes be greased once a month. Mr. Venuti noted he contacted an individual by the name of Ron Fish who specializes in repairing compactors and suggested First Selectman Klein call Mr. Fish. Mr. Venuti reiterated that a maintenance schedule should be set up and it should be followed. Mr. Adametz noted he was agreeable to this recommendation. He also recommended a yearly inspection by a qualified person due to the nature of the hydraulics. It was agreed Mr. Fish should be contacted and a meeting set up to discuss a maintenance program. First Selectman Klein noted the town has grown considerably and there should be some preventive maintenance in place before there is an emergency. He thanked Mr. Venuti for his recommendation.

Michael Board submitted a document for the record which he read. The document stated he met with a representative from the Attorney General’s Office regarding various bid issues. Mr. Klein noted Mr. Board’s comments were well taken and he would await response from the Attorney General’s Office.

4. Tax Abatements & Refunds
Motion by Klein, second by Sipples, to approve tax refund to Wade Rossomando in the amount of $30.42 for sold motor vehicle. Voting in favor – Klein, Sipples. Opposed – none. Motion Carried.

5. Appointments/Vacancies
1. Housing Partnership – update
Michael Board noted he is researching prior minutes of the former Housing Parntership group and John Amport is researching State Statutes as they apply to affordable housing. They are also looking for volunteers for the Housing Partnership.

6. Old Business
1. Hazardous Waste
First Selectman Klein noted Selectman Dudek mentioned at the last meeting this was very complicated. This item was tabled.

2. Septic Lagoon Testing Fee Approval & Authorization of Town Meeting
First Selectman Klein noted he received two bids for the septic lagoon testing. One from Connecticut Testing Lab for $11,642. The second was Phoenix Laboratories for $16,242. It was noted there are only two companies in the State that does this extensive testing. Mr. Klein noted Ms. Dudek has agreed to let the Town do the dewatering. First Selectman Klein briefly reviewed the Agreement that has been negotiated with Ms. Dudek.

Motion by Sipples, second by Klein, to accept the bid from Connecticut Testing Labs for $11,642, for purpose of testing the sludge lagoons. Voting in favor – Sipples, Klein. Opposed – none. Motion Carried.

Motion by Sipples, second by Klein, to authorize the First Selectman to go to the Board of Finance to request additional $3,200 for purposes of Septic Lagoon Closure Agreement with Rose Dudek. Voting in favor – Sipples, Klein. Opposed – none. Motion Carried.

Selectman Sipples questioned why authorization for Town Meeting must be done at this meeting. First Selectman Klein explained the reason why he is requesting that now.
Motion by Sipples, second by Klein, to bring the Sludge Lagoon Testing Fee of $11,642 to Town Meeting for approval, pending the approval of the Board of Finance. Voting in favor – Sipples, Klein. Opposed – none. Motion Carried.

3. Approval of Temporary Acting Public Works Foreman (retro-active pay adjustment from 4/17/06)
First Selectman Klein noted Walter Adametz was given the Temporary Position of Foreman but it was never voted on. Motion by Klein, second by Sipples, to approve naming Walter Adametz as Temporary Acting Public Works Foreman with retroactive pay adjustments to April 17, 2006. Voting in favor – Klein, Sipples. Opposed – none. Motion Carried.

Selectman Sipples asked First Selectman Klein if he had contacted the Town Attorney relative to whether this action sets a precedent for the future.

7. New Business
1. Discussion of Maintenance Program for Compactor – P. Venuti
This item was discussed under Visitors above.

2. Park & Recreation Ordinance
Selectman Sipples asked if there was an updated Ordinance. Dan Colonia, Chairman of Park & Recreation Commission, noted he supplied copies of the updated Ordinance to the First Selectman’s Secretary for distribution. Mr. Colonia reviewed the updated changes to Sections 5 and 7 removing the words “or other public property”. Mr. Colonia also noted the procedures for collecting and appealing fines are detailed in the Connecticut General Statutes Section 7-152c.

Motion by Sipples, second by Klein, to take the revised “Ordinance Concerning the Management of Parks, Athletic Fields and Playgrounds and other Public Property in the Town of Killingworth” to Town Meeting. Voting in favor – Sipples, Klein. Opposed – none. Motion Carried.

3. Authorization to go to Board of Finance for approval of $3,200 for Septic Lagoon Closure
This item was discussed under Old Business.

8. MK Announcements
It was agreed First Selectman Klein and Selectman Sipples will go to the Board of Finance meeting this evening immediately following this meeting with regard to the request for the town computers.

First Selectman Klein noted negotiations are still proceeding regarding the payment of the Region 17 fees.

First Selectman Klein noted the sweeping of the roads is proceeding as well as various other items being taken care of by the Public Works Department.

9. Selectmen’s Concerns
Selectman Sipples confirmed with First Selectman Klein that he will be leaving on Tuesday, October 17, 2006, and returning on October 25, 2006. He asked if there was anything that he needed to be aware of that must be taken care of during the First Selectman’s absence. Mr. Klein noted he would meet with Mr. Sipples before leaving.

Selectman Sipples noted the Board met with the Charter Revision Committee and it was told there was a deadline of September 28th for their final report. First Selectman Klein noted he has not spoken with anyone from that Committee and they have not submitted a final report as of yet. As that deadline was not met, the Board of Selectmen will have to reappoint that Committee and recharge them. Bidding procedures were briefly reviewed and it was noted the current procedure is $5000 and the Charter Revision Committee was going to change it to $10,000, but nothing has been done yet. Selectman Sipples noted he did some research regarding the 1992 Resolution which was approved by both the Boards of Finance and Selectmen. He further noted that if this document has not been rescinded, then it is the current bidding procedures. The 1992 document was briefly reviewed.

There was a brief discussion regarding the document submitted earlier in the meeting by Michael Board. First Selectman Klein reviewed the issue of the roof repair.

Selectman Sipples reviewed the STEAP Grant Agreement (development of fields) and the strict procedures for competitive bidding.

10. Adjournment
Motion by Klein, second by Sipples, to adjourn the meeting at 8:15 PM. Voting in favor – Klein, Sipples. Opposed – none. Motion Carried.

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.