11.13.2007

Regular Meeting November 13, 2007

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Tuesday, November 13, 2007, 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 October 22, 2007 Minutes
Motion by Dudek, second by Sipples, to approve the October 22, 2007 Minutes amended as follows -
Page 5, under 9., 2nd paragraph, add before last sentence, "Sipples noted 3 way stops are generally dangerous and suggested making it a 4 way stop. Mr. Klein said it wasn't necessary. Selectman Dudek said a 4 way stop would be problematic going uphill in the winter and was not in favor of the 4th sign."
Page 6, 2nd paragraph, 1st sentence, delete "and Richard Cabral" from sentence.
Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.

3. Visitors
John McMahon from Board of Finance thanked the three selectmen for their service to the community over the last couple of years.

4. Tax Abatements & Refunds
Motion by Dudek, second by Sipples, to approve the following tax refunds - Peterson DL Trust $24.89 and Anthony R. Zarra $34.13, overpayments. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.

5. Appointments/Vacancies
Motion by Dudek, second by Sipples, to appoint Walter Adametz Jr. to the Traffic Study Committee. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.

Motion by Sipples, second by Dudek, to move Old Business Item #3 to Old Business Item #1. Voting in favor - Sipples, Dudek, Klein. Opposed - none. Motion Carried.

6. Old Business
3. Discussion - Tax Abatement Ordinance/Killingworth Land Trust
Attorney Mike Wells reviewed his letter proposing a draft resolution dated September 24, 2007. He also disclosed the fact he is a member of the Killingworth Land Trust Board of Directors and that any other non-profit land conservation organization would benefit from this Ordinance if approved. He stated the Town has previously done this in the past and approval of this Ordinance would sanction the Board being able to abate taxes on property. Selectman Dudek asked if the language "legislative body" meant Board of Selectmen and Town Meeting. Attorney Wells noted this would mean the Town Meeting could authorize the Board of Selectmen to abate. Wells also noted this Ordinance would be going forward (Public Act 07-170 effective from passage and applicable to assessment years commencing on or after October 1, 2007). Selectman Sipples asked if there was only one non-profit land conservation organization currently in the Town of Killingworth. Attorney Wells replied yes. Michelle Nuhn, Tax Collector, noted there are two properties in question, one from 2005 and one from 2006. Attorney Wells reiterated this Ordinance would go forward from the October 1, 2007 date and not retroactive. Motion by Dudek, second by Sipples, to approve following Resolution - Resolved: That the Board of Selectmen are hereby authorized to abate real or personal property taxes due for any portion of a tax year or the interest thereon on delinquent taxes with respect to any tax paid by a non-profit land conservation organization that were due for a period before the date of acquisition but which were paid subsequent to the date of acquisition, pending Town Meeting approval. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.

1. CRRA - Michael Wells, Esq.
2. CRRA Litigation/BOS Approval Attorney Golub Appear on Town's Behalf
Attorney Wells noted since the last meeting the Judge has ruled reducing the tipping fees. The other issue of reimbursement of the $30 + million is still pending. The new issue that CRRA is raising is that Towns like Killingworth haven't really bought into this litigation because they are not represented. Attorney Wells recommended the Town authorize Attorney Golub to file an appearance on behalf of the Town with an agreement that his pay comes strictly from whatever is awarded by the Judge as part of the class action suit. He further noted he and his partner discussed this matter and didn't see any down side for the Town. First Selectman Klein read the letter from Attorney Golub dated November 9, 2007 "To The Chief Elected Officials of the Mid-Conn Project Municipalities" advising that motion papers for a proposed schedule of pro rata distributions to each municipality of the $35.9 million would be sent out next week, and the Judge ruled that CRRA improperly inflated the FY08 Mid-Conn Project by nearly $7 million and ordered the budget adjusted and the tipping fees reduced by $8/ton. It was noted this does not change the lawsuit at all which would still go forward. Attorney Wells reiterated it was his recommendation that the Board of Selectmen authorize Attorney Golub to file an appearance on behalf of the Town. Motion by Dudek, second by Sipples, that the Town of Killingworth become part of the class action lawsuit (CRRA Litigation) for the purpose of Attorney Golub adding the Town to the list of towns that are part of this litigation and to authorize Attorney Golub to file an appearance on the Town's behalf. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.

4. BOS Approval Over/Under Expenditures and Authorization to take to Town Meeting per BOF Special Meeting of 10/16/07
Selectman Sipples asked if everything was done with the Bethke Project. Dan Colonia, Chair of Killingworth Park & Recreation Commission, confirmed everything was done and there is only maintenance left.

Motion by Dudek, second by Sipples, to authorize the re-appropriation (carry over) of underexpended 2006/2007 line items to the following fiscal year 2007/2008 - Sludge Lagoon Remediation $108,931.00, Attack Pumper $52,352.00 and Wettish Property $122,743.00 for a total of $284,026.00. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.

Motion by Dudek, second by Sipples, to authorize overexpenditures in fiscal year 2006/2007 in excess of $10,000 for the following items - Town Engineer $36,115.00, Medical Buyout $22,090.00, Snow Removal $13,928.00, Tax Refunds and Abatements $36,637.00, Misc. Government Grants $21,472.00 for a total of $130,242.00, said overexpenditures to be funded by the underexpended General Fund appropriations totaling $130,242.00. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.

Motion by Dudek, second by Sipples, to authorize the closeout of the following Capital Accounts totaling $30,435.96 with the balance going to Undesignated Capital Reserve Fund Balance - GIS Software Update and Training $3,800.00, Automated Voting Machines $7,000.00, Fire Department-HVAC System $15.42 and Bethke Road Recreation Project $19,620.54. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.

5. Discussion - Green Hill Road/Route 81 Intersection
Selectman Sipples noted a letter had been received from the Town Engineer dated October 19, 2007. It is quite clear that school buses and larger vehicles have difficulty negotiating the turn. It was also stated in the Town Engineer's letter that the intersection could be easily widened by adjusting the northern curb radius. Walter Adametz concurred that widening the radius on the northern side was not a big deal. Selectman Dudek noted he would like the road sign moved from the northern side of the road to the other side. Selectman Sipples asked if the Town Crew were to do the work could it be done before winter. Mr. Adametz replied no as they are already behind in the process of getting equipment ready before it snows. First Selectman Klein recommended this work wait until Spring. Selectman Dudek asked Mr. Adametz if he has gone through there with a truck and trailer as he has had comments from contractors with large vehicles that this is a problem. Motion by Sipples, second by Klein, that for safety sake prior to the ice arriving that the radius at the end of Green Hill Road (and Route 81) be widened to accommodate larger vehicles such as school buses so they do not have to ride up on the curb or cross over the centerline into the opposite lane and that we coordinate the extra work with the contractor, pending approval of engineering and construction fees. Voting in favor - Sipples, Klein, Dudek. Opposed - none. Motion Carried.

Attorney Wells briefly reviewed his letter to First Selectman Klein dated November 13, 2007 regarding the discontinuance of Green Hill Road. He indicated he would simply discontinue the use of the old road area and allow the centerline rule to apply. It was the consensus of the Board of Selectmen to do as recommended by Attorney Wells.

Motion by Klein to add to the Agenda as Old Business 6. Discussion of Highway Foreman Position. Voting in favor - Klein, Sipples, Dudek. Opposed - none. Motion Carried.

6. Discussion of Highway Foreman Position
First Selectman Klein noted Walter Adametz has been Acting Highway Foreman now for two years and recommended he be appointed at permanent Highway Foreman. The labor contract has not been finalized yet, however, he indicated the Highway Foreman's Position will not be taken out of the contract. Selectman Dudek noted he had an issue with it not being taken out of the contract. He believes that is a supervisory position and should not be in the contract. Individuals applied for that position based on the job description that was advertised and now it will be changed back to what it was. Selectman Sipples noted then it was his understanding the change in the job description was not agreed to by the Union. First Selectman Klein reiterated it was his understanding this was not going to be changed in the contract. Selectman Dudek noted it was premature to make this appointment if the contract has not been accepted and he had an issue with that. He indicated he would not be in favor of a contract that has that position as part of labor, and that the Board of Selectmen should create the position that it said it would create. Motion by Sipples, second by Klein, that Walter Adametz Jr. be appointed as full time Highway Foreman. Discussion followed. Selectman Dudek stated he thought this was a mistake not based on the individual but the fact there is no contract and the Board specifically wrote a new job description and cannot go against what it wrote. Voting in favor - Sipples, Klein. Opposed - Dudek. Motion Carried.

7. New Business
1. Budget & Plan for Wettish - Dan Colonia, Chris Kelly
Dan Colonia noted in September the Park & Recreation Commission asked the Board of Selectmen to allow the Commission to contract somebody to design a schematic for the Wettish property and that has been done. Messrs. Colonia and Kelly reviewed a schematic of passive recreation, future recreation use, restricted development and phase 1 development. The parking lot has been moved to the front with the larger fields in the back and smaller fields in the front. Mr. Colonia noted putting the parking lot in the back would cost about $2.5 million. The new figure was $1.679 million including 5 fields, parking lot and irrigation for the 5 fields. $500,000 would be used from the STEAP Grant and the balance of just over $1 million would be the cost to the Town. The plan is to start building in the spring of 2008 so the fields could be used in 2009. It would be a 3 to 4 month project depending on weather. Dan Colonia reviewed the Weston & Sampson Scope of Work, Tasks 1, 2, 3 and Other Tasks. Mr. Colonia noted it would be his recommendation to go forward with this project and bring it to the Town for a vote using the STEAP Grant initially. Other monies may be gotten from other grants for the parking lot and phase 2. It was also suggested that by using the services of Eric Auer, some of the cost for the site preparation work could be reduced. First Selectman Klein asked how much the $500,000 STEAP Grant would cover. Mr. Colonia noted the site preparation was $260,000, each field was $125,000 and the parking lot was $75,000. Money would be needed to find an irrigation source and then get it to the ballfield. The cost of a well is $30,000. Selectman Dudek suggested Mr. Colonia contact John McMahon (Board of Finance) to see whether this would be funded by raising the tax mils or through bonding long term. Selectman Sipples noted he was very anxious to see this project go forward, but the numbers were hard to swallow since original communications indicated the Town would have to come up with about $600,000 and this is almost twice that amount. Selectman Sipples asked if either the irrigation or one or two fields go be given up. Mr. Colonia noted if anything is changed then the Town has to go back to the State and change the STEAP Grant to say it is not going with the 5 fields. Chris Kelly noted part of the reason for the high cost if the subsoils underneath and all the grading that will be needed. Mr. Colonia noted that using the STEAP Grant means the Town has to go with prevailing wage and comply with the Davis Bacon Act. There was a brief discussion regarding water source. Selectman Dudek noted he was not questioning the $1.6 million, but rather how the taxpayer was going to have to pay for it before moving forward. The residents will have to approve it. First Selectman Klein noted it is a question of how to structure the financial package, bond versus increase in mil rate. The Board of Finance will have to decide that matter. Chris Kelly asked if the Board could at least move forward with the engineering costs and Task 2. Motion by Sipples, second by Klein, to authorize Park & Recreation Commission to proceed with Task 2 functions (2a - Permitting and Meetings $3,200; 2b - Preliminary Design $18,500; and 2c - Final Design and Construction Drawings $16,000) relative to the Wettish property, for an amount not to exceed $40,000. Voting in favor - Sipples, Klein, Dudek. Opposed - none. Motion Carried.

Dan Colonia thanked the 3 selectmen for all the work done in the last two years and getting this far with the project.

8. MK Announcements
First Selectman Klein reviewed the receipt of LOCIP funds allocated to both the Green Hill Road Project and the Burr Hill Road Project.

First Selectman Klein thanked everyone for attending the Board of Selectmen meetings. He noted he tried to do his best and wished the new Board the best of luck noting he would be happy to help if the need should arise.

9. Selectmen's Concerns
Selectman Dudek thanked everyone noting the last two years have been contentious at times, but he felt the Board accomplished quite a bit the biggest item being the Wettish property.

Selectman Sipples thanked everyone for the last two years noting it has been a character building experience.

Amy Roberts Perry asked if a figure had been decided for the CRRA distribution. First Selectman Klein noted he would look into it, but thought it was possibly $45,000.

10. Adjournment
Motion by Dudek, second by Sipples, to adjourn at 8:23 PM. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.