April 23, 2007 - Regular

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, April 23, 2007, 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 of April 9, 2007
Motion by Sipples to approve the April 9, 2007 Minutes with the following correction -
Page 3, under 8. MK Announcements, 10th paragraph, change the word "radium" to "uranium".
Voting in favor - Klein, Sipples. Opposed - none. Motion Carried.

6. Old Business
2. Award of Bid/Connecting Emergency Generator @ KES
Don McDougall explained they received bids for hooking up the KES Generator ranging from $8,000 to $18,000. The bid was then changed from a manual switch to an automatic transfer switch as required by the Building Inspector. Only one response was received. Mr. McDougall noted the Town has until March 31, 2008 to expend the funds. First Selectman Klein noted he was not prepared to make a decision on this tonight. He thought perhaps this might go out to bid once again after reviewed. He would meet with the contractor and the Building Inspector to review the status of this issue.

3. Visitors
Don Berry noted he would like to make a recommendation that the dump hours remain the same from 2 to 7 on both Tuesdays and Thursdays. Everyone is used to these hours now. Walter Adametz noted he didn't have a tally on the numbers from 7 to 8 PM, but would agree with Mr. Berry that staying open the extra hour didn't gain much. Both Messrs. Berry and Adametz indicated they did not believe the Saturday situation would be overloaded by eliminating that one hour. Selectman Sipples asked if a compromise could be made to stay open on Thursdays until 8 PM. First Selectman Klein noted they are crushing cardboard now that it is warmer. Klein also indicated he would bow to the expertise of Messrs. Berry and Adametz as they have the expertise and are handling the situation. He noted he has had no complaints about closing at 7 PM and would support that. Mr. Berry noted nothing has been posted at the transfer station about the hours. Ms. Gordon noted a motion was made at the January meeting to go back to summer hours. Motion by Sipples, second by Klein, that the compactor hours stay as they currently are, which would be Tuesdays and Thursdays from 2 - 7 PM until such time as there is feedback that it needs to be kept open until 8:00 PM, at which time the issue will be revisited. Voting in favor - Sipples, Klein. Opposed - none. Motion Carried.

6. Old Business
3. Affordable Housing - Tax Assessor Present Adjustments
Donna Shanoff, Tax Assessor, noted she was not present at the last meeting and took thorough disagreement with the statement that she does not want to do the calculations on the affordable housing. It could be taken as a conflict of interest for the Tax Assessor to do this as it is the responsibility of the Board of Selectmen, acting as the Affordable Housing Agency, to do this as directed by Attorney Michael Wells letter from May 2006. Ms. Shanoff noted she has done the calculations, however, there are some discrepancies in the reported costs from some of the individuals reporting the affordable housing. She indicated she needs direction from the Board of Selectmen on how this should be handled. The Affordable Housing Agency is the one to address these issues. Selectman Sipples noted there is more responsibility on the Board of Selectmen than originally realized. Ms. Shanoff noted there must be consistency on how this is handled. She indicated she has been trying to reach Carol DeRosa with the CT Housing Finance Authority inquiring as to which county the Town of Killingworth should be included in. Originally it was New Haven County, but now it is Middlesex County (which Ms. Shanoff noted she did not know until 5 PM this afternoon). She has done the calculations for New Haven County which has a median income of $76,000. Middlesex County has a median income of $93,000, therefore, the calculations are inaccurate. First Selectman Klein instructed Ms. Shanoff to contact the property owners to submit new costs. Ms. Shanoff noted the Board of Selectmen is supposed to set up the procedure. Selectman Sipples noted the BOS should sit down with the Tax Assessor and review policy and procedures. Ms. Shanoff noted there should be a list of people who want to be on the Affordable Housing List and if this doesn't get rectified, the State will step in. She indicated she has been fighting with the BOS over this matter for 17 years. The BOS must have specific criteria to allow these homeowners to get affordable housing. Selectman Sipples suggested there be a Special Meeting of the Board of Selectmen with the Tax Assessor as there appears to be a lot of misunderstanding of what is entailed here. Todd Hajek noted he agreed with the Tax Assessor as he has been dealing with this since 1994. He also noted Section 62 of the Zoning Regulations indicates the Town of Killingworth is in New Haven County so perhaps Planning & Zoning should be involved in this special meeting as well. There may need to be a change in the Zoning Regulations that says "based on the county that the Town of Killingworth is designated to be in."

4. Tax Abatements and Refunds - none.

5. Appointments and Vacancies
First Selectman Klein noted the following resignations have been received - Russell David White from IWWC, Adrian Kavanaugh from Board of Assessment Appeals, Arlene Tunney and Steve Hollander from Town Office Building Study Committee. There is also a vacancy on the Zoning Board of Appeals due to the recent passing of Pamela Ahearn.

Motion by Sipples to appoint Barbara Klein to the Regional Mental Health Board. Voting in favor - Sipples, Klein. Opposed - none. Motion Carried.

6. Old Business
1. Award of Bid/Route 81/Green Hill Road Project
It was noted bids were opened at the last meeting for the Green Hill Road/Route 81 project. Motion by Klein, second by Sipples, to award the bid for the Route 81/Green Hill Road project to Schumack Construction in the amount of $194,880. Voting in favor - Klein, Sipples. Opposed - none. Motion Carried.

4. BOS Authorization for First Selectman to sign Resolution and Supplemental Agreement for the Replacement of the Reservoir Road Bridge #04716
It was noted the velocity is too great to do the sleeving for this project. First Selectman Klein noted this resolution authorizes another $30,000 because the State made a mistake on their figures. This increase will match the fee agreed upon with Cardinal Engineering. Selectman Sipples confirmed with First Selectman Klein that this will not impact the route the Town will take, but just comply with the State's numbers. First Selectman Klein indicated this would not eliminate the option of sleeving. Motion by Klein, second by Sipples, to approve the following Resolution - RESOLVED, that First Selectman Martin Klein is hereby authorized to enter into a certain agreement entitled First Supplemental Agreement Between the State of Connecticut and the Town of Killingworth for the Development of Contract Plans, Specifications and Estimates Required in Conjunction with the Replacement of the Reservoir Road Bridge No. 04716 over the Menunketesuck River Utilizing Federal Funds. Voting in favor - Klein, Sipples. Opposed - none. Motion Carried.

7. New Business
1. Award of Bid/Crack Sealant
The following bids were opened -
Asphalt Crack Repair and Sealing, Westbrook
Crafco $2,786.40 per pallet installed
Koch $3,096.00

Extreme Sealers, New Haven
Crafco no price
Koch $5,025 per pallet

Costello Industries, Newington
Crafco $5000 (average pallet is 2000 lbs.)
Koch no bid

2. Award of Bid/Chip Sealing
The following bids were opened -

All States Asphalt, Sunderland, MA
$ 1.74 price per square yard
$ 0.10 price per square yard for sweeping

Comer Contracting Inc, Farmington
$ 1.18 price per square yard
$ 0.10 price per square yard for sweeping

Walter Adametz stepped out of the room to review these bids and returned later in the meeting with his recommendation for awarding the bids.

3. BOS Approval of Call of Town Meeting for April 30, 2007 for Approval of Annual Report, Approval of Expenditure for Remediation of Septic Lagoon and Repeal of Property Tax Ordinance Less than $5.00
Motion by Klein, second by Sipples, to approve the Call of the Town Meeting for April 30, 2007 as presented. Voting in favor - Klein, Sipples. Opposed - none. Motion Carried.

4. BOS Approval of Call of Town Meeting for May 21, 2007 for Approval of BOF Operating Budget and Capital Budget for FY 2007/2008, Pending Final Adjustments by BOF
Motion by Klein, second by Sipples, to approve the Call of the Town Meeting for May 21, 2007 as presented. Voting in favor - Klein, Sipples. Opposed - none. Motion Carried.

5. Establish a new Charter Review Commission - those willing to serve include Susan Adinolfo, Attorney David Denvir, Jaimie Young, Attorney Thomas Cronan, Frank Vumbach, Richard Pleines, Sheridan Perkins, Attorney Joan Reed Wilson and Catherine Iino
Selectman Sipples noted he liked the well rounded number of 9 members for this Commission, however, he had a concern about having four attorneys on the same commission. First Selectman Klein indicated he contacted both the Republican and Democratic Town Committee Chairs and they were in agreement for these individuals. He felt these individuals could do the job and have experience. Selectman Sipples indicated there were 3 other individuals who volunteered that were not on the list - Fred Perry, Mike Board and Walter Adametz. Ms. Shanoff noted Susan Adinolfo was on the first commission and that was a conflict of interest. First Selectman Klein read the Resolution into the record. Selectman Sipples noted he felt this would require a full board vote in order to accept. Motion by Klein to appoint Adinolfo, Denvir, Young, Cronan, Vumbach, Pleines, Perkins, Wilson and Iino to the Charter Review Commission. Voting in favor - Klein. Opposed - Sipples. Motion Failed.

7. New Business
1. Award of Bid/Crack Sealant
2. Award of Bid/Chip Sealing
Walter Adametz made the following recommendations - Chip Sealing be awarded to Comer and Crack Repair to Asphalt Crack Repair and Sealing LLC.

Motion by Sipples, second by Klein, to award the Chip Sealing to Comer Contracting Inc. Voting in favor - Klein, Sipples. Opposed - none. Motion Carried.

Motion by Sipples, second by Klein, to award the Crack Repair to Asphalt Crack Repair & Sealing LLC for the Crafco Sealant at $2,786.40. Voting in favor - Klein, Sipples. Opposed - none. Motion Carried.

Certificates of Insurance will be required from both companies.

8. MK Announcements - none.

9. Selectmen's Concerns
Selectman Sipples noted First Selectman Klein had asked the Board of Finance for a Salary Study Group and it was refused. The last time a study was done it was 10 years ago and was handled by the Board of Finance. They were emphatic this was not their responsibility. First Selectman Klein noted the question now is whether there is a need for this kind of study and a committee to do it. Selectman Sipples suggested asking Connecticut Conference of Municipalities for some data on this subject as there was no money put into the budget for such a study. First Selectman Klein noted the BOS must sit down and decide how to handle this. He noted he would like to hire a professional to do it with a contractual agreement and a specific time frame.

10. Adjournment
Motion by Sipples, second by Klein, to adjourn at 8:20 PM. Voting in favor - Sipples, Klein. Opposed - none. Motion Carried.

April 9, 2007 - Regular

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, April 9, 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 Minutes - March 26, 2007
Motion by Klein, second by Dudek, to approve March 26, 2007 Minutes amended as follows -
 Page 2, 1st paragraph, correct the following "Motion by Dudek, second by Sipples, to request $104,000...".
Voting in favor - Klein, Dudek, Sipples. Opposed - none. Motion Carried.

3. Visitors -
7. New Business
2. CRRA Report/Amy Perry - PAYT Committee
Amy Perry and Jeff Reisman from the PAYT Committee were present. It was noted there were no questions on the CRRA Report submitted by Ms. Perry. Mr. Reisman noted the Committee would like to consider a notification system for when the transfer station is closed. During the last snowstorm it was closed and residents were there at the gate. First Selectman Klein indicated a decision was made at the last minute to close the transfer station due to the fact they were short a plowing contractor. Selectman Dudek noted he spoke to transfer station employees and has been assured they are doing all they can to eliminate sticker issues and not allowing people to pick. It was noted there is money in the budget for new stickers. There was a brief discussion regarding metal. Selectman Dudek indicated that probably won't be squared away until a public works person is hired. Mr. Reisman noted the issue of compacting cardboard has been put on hold due to the cold weather and freezing, but it is past that time now. First Selectman Klein noted the Committee should be talking with Don Berry whenever there is an issue at the transfer station as Mr. Berry is the one in charge. Ms. Perry asked what individuals are certified. First Selectman Klein noted he would get an answer to that question. Mr. Reisman indicated the Committee is recommending a video system to monitor the metals. Selectman Dudek indicated the Board chose not to take any action on that item.

7. New Business
4. Affordable Housing - Scott Kasper
Todd Hajek, Robert Sepega and Scott Kasper were present regarding affordable housing properties. They indicated the Board of Selectmen needs to determine the current resale value of their affordable housing properties based on the formula in the regulations and forward that number to the Assessor for the June bills. First Selectman Klein noted the Assessor has indicated she does not want to do this. Mr. Kasper gave a detailed review of the formula. It was the interest rate and median income for the area are the only two figures that change from year to year. Selectman Dudek asked why this is not given to the Board of Selectmen in a package by the Assessor. He indicated the goal of the Town Hall is to assist the public. First Selectman Klein noted he will instruct the Assessor to do this when she returns from vacation. Selectman Sipples noted the Assessor should be doing the leg work and the BOS would then approve it. Motion by Klein, second by Dudek, that the Tax Assessor be instructed to use the formula presented to the Board of Selectmen at this meeting, copy of which First Selectman Klein has and will present to the Tax Assessor, to give the five affordable homeowners tax relief and to report back to the Board of Selectmen with the figures pertaining to those five property owners by the next BOS meeting on April 23, 2007. Voting in favor - Klein, Dudek, Sipples. Opposed - none. Motion Carried.

7. New Business
1. Request to Remove Bridge on Tibbal's Bridge Road
Attorney Thomas Cronan was present representing the Hammonassett Fishing Association (HFA) in their request for removal of the bridge crossing the river from Tibbal's Bridge Road. Attorney Cronan noted there are no other private landowners other than the HFA. He indicated the Wetlands Commissions in both Towns would be notified. The Town of Madison would do the work. There would be no expense to the Town of Killingworth. A crane would just pick the bridge up and move it. Jere Adametz asked what the difference was between discontinued and abandoned. It was explained when a road is abandoned there must be a Town Meeting and once approved, adjoining property owners would then own to the center of the road. It was agreed First Selectman Klein would send Attorney Cronan a letter indicating the Town of Killingworth has no problem with the bridge being removed.

There was discussion regarding the abandonment of a portion of Alders Bridge Road. Jere Adametz indicated that portion of Alders Bridge Road was only discontinued and not abandoned, but it was voted to do so at a Town Meeting. Selectman Dudek suggested the minutes of that Town Meeting be checked to verify that before anything further is done. Mr. Adametz noted he would like to ask the Power Company to remove and relocate the utility pole there.

4. Tax Abatements & Refunds - none.

5. Appointments/Vacancies - none.

6. Old Business
1. Award of Bid/Septic Lagoon Closure
Motion by Dudek, second by Klein, to award the Septic Lagoon Closure Bid to Luba Construction LLC in the amount of $68,900 based on the recommendation of Brian Curtis from Jacobson & Associates, Town Engineer. Voting in favor - Dudek, Klein, Sipples. Opposed - none. Motion Carried. It was noted the Board of Finance has not yet approved the $104,000.
2. Bid Opening/Route 81/Green Hill Road Project
The following 3 bids were received -
1. Standard Demolition Services, Inc., 30 Nutmeg Drive, Trumbull; received April 5th @ 3:45 PM, in the amount of $199,768.00.

2. Pinder Construction Company, Inc., 27 Old Post Road, Clinton; received April 5th @ 9:30 AM, in the amount of $199,935.00.

3. Schumack Engineered Construction Corp., 93A Glenwood Road, Clinton; received April 5th @ 9:45 AM, in the amount of $194,880.00.

All bids will be forwarded to the Town Engineer to be reviewed by Howard Pfrommer and his recommendation to the BOS.

7. New Business
3. Middlesex Community College Proclamation
Motion by Klein to accept the Proclamation that the Town of Killingworth declares the month of May as "Middlesex Community College Month." Voting in favor - Klein, Dudek, Sipples. Opposed - none. Motion Carried.

8. MK Announcements
First Selectman Klein reported on the following items -

Town Engineer is looking at Alders Bridge Road for possible paving next year.

Work will start soon on the septic lagoons. He will be going to the Board of Finance tomorrow and then Town Meeting. Luba will be doing the work.

Temporary traffic lights have been installed on Route 81 for the State's work on the bridge. There will be one lane traffic when they start. Work will then stop for the summer and then commence again in the fall. There may be a lot of activity going on in that same area with construction of the hardware store.

Sweeping of the roads has started; going along pretty well.

Bids have been put out for road patching. The road lining will start after July 1st.

Cardinal Engineering has submitted a preliminary report to the committee and neighbors in that area.

The work on Burr Hill Road will be some time in 2008. Archaeological report was okay. Waiting for Army Corps. of Engineers report.

Town Office Building Committee is progressing. Information has been submitted to them regarding Judge of Probate space which is in violation of certain privacy State Statutes.

There was some recent water testing at Jensen's by the State Health Department. Testing found radium in the water. First Selectman Klein contacted Superintendent Mala to have the schools' water tested, which test results came out fine. The schools will be tested again this week. A report will be forthcoming from Dr. Winikur.

At some point the Town will look at paving Beckwith Road. Drainage problems are being looked at by the Town Engineer.

9. Selectmen's Concerns
Selectman Dudek asked what precautions are being taken regarding the radium at Jensens. First Selectman Klein noted he inquired of the State what has to be done and there is nothing that can be done other than Jensens' management must notify the people in the Park.

Selectman Sipples inquired about the closing of the dirt section of Chittenden Road. First Selectman Klein noted that was closed as an accommodation to the contractor doing work on Route 81 who wished to park his equipment there. Klein indicated he spoke to Walter Adametz about closing the road and it was agreed that section of road was not that important.

Selectman Sipples discussed the initiation of an employee salary review. He indicated it was brought up during budget discussions and First Selectman Klein was going to approach the Board of Finance on this matter. The last employee salary review was done by the BOF.

Selectman Sipples brought up the subject of a new Town Charter Revision Committee. Membership was again reviewed. Sipples noted 3 individuals have volunteered to serve. Klein indicated he would like all new faces on a new committee. Dudek noted the BOS have not agreed on the size of the group. Sipples indicated he was concerned about the role of the BOS because State Statutes are quite clear. Sipples indicated he was asked by Klein to document problem areas in writing regarding this subject, which he did and has had no feedback. Sipples asked Klein if he took issue with the document written by him, and Klein replied absolutely. Dudek noted the prior committee indicated the BOS must take all or nothing of what was being recommended, and it was subsequently found out through Connecticut Conference of Municipalities that was erroneous. It was noted the bidding procedures and public works committee could both be dealt with as Ordinances.

First Selectman Klein noted a resident wishes to remove some old turkey equipment from the Bosco property. Klein indicated there was no value to the equipment. Dudek indicated he didn't take issue with it and would leave the decision up to First Selectman Klein.

Bids have been requested for the wiring of the generator at the school. All bids will come to the Board of Selectmen. Technical questions are going to Richard Leighton, Code Official, and Mike DiStefano at the school.

Dudek noted he was pleased bids are being obtained for the chip sealing and crack sealing. Klein indicated bids are not going out for the line striping.

Dudek noted the Board of Selectmen should examine the issue of contractors for snow removal. Some towns hire outside contractors and others don't.

Jere Adametz asked if there was a record of all roads that have been paved. Klein indicated that record must be down at the public works garage.

10. Executive Session
Selectman Sipples asked if this discussion had to do with a specific employee and if not, indicated it should be held in open session. It was decided to review the job description during open meeting. There was much discussion about this position being a participating supervisor and whether the position could be removed from the Union. The April 4th draft of the Public Works Supervisor Job Description was reviewed. Dudek indicated if it was a supervisory job, it should come out. One cannot be both management and labor. There were 3 changes made to the draft job description and the words "as needed" were added in the Purpose, Essential Job Functions and Operates Heavy and Light Equipment. Motion by Sipples, second by Dudek, to authorize First Selectman Klein to post the revised Public Works Supervisor Job Description dated April 4, 2007 with the 3 changes as reviewed at this meeting. Voting in favor - Sipples, Dudek, Klein. Opposed - none. Motion Carried.

First Selectman Klein noted the job will be posted internally for five days, and then be posted outside.

First Selectman Klein asked what happens when there is a big snowstorm and the Town is short a driver. The supervisor has put in 40 hours and then goes out to plow. Does that individual get compensated? Selectman Dudek indicated there are issues that still need to be discussed. Also, does overtime pay go into the Pension Fund?

It was noted the Capital Plan still needs to be discussed.

Time frame for the budget -
April 16th - town budget available to the public
April 24th - public hearing for budget
May 15th - Annual Town Budget Meeting

11. Adjournment
Motion by Dudek, second by Sipples, to adjourn at 9:20 PM. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.