10.22.2007

Regular Meeting October 22, 2007

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, October 22, 2007, at the Killingworth Town Office Building, 323 Route 81, Killingworth. In attendance were First Selectman Martin Klein, Selectman Fred Dudek and Selectman Edward Sipples. First Selectman Klein called the meeting to order at 7:00 PM.

2. Approval of Minutes - October 9, 2007
Motion by Dudek, second by Sipples, to approve October 9, 2007 Minutes as written. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.

3. Visitors
No one wished to speak at this time.

4. Tax Abatements & Refunds
Motion by Dudek, second by Sipples, to approve tax refunds as follows - Citicapital Com LSG Corp. $418.31, Citicapital Com LSG Corp $264.15, Toyota Motor Credit Corp. $84.59, VW Credit Leasing LTD $208.20 and Robert Ellis $72.70, all refunds for overpayment. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.

5. Appointments & Vacancies
First Selectman Klein noted there are several vacancies on boards and commissions and no one has come forward to serve. He stated he contacted the Killingworth Women's Organization to see if anyone is interested in filling some of these vacancies.

Motion by Dudek, second by Sipples, to add item to Old Business 2. Town of Killingworth Natural Hazard Mitigation Plan. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.

6. Old Business
1. BOS discuss/approve amendment to "Affordable Housing Agency Regulations".
First Selectman Klein noted Donna Shanoff, Tax Assessor, was present to answer any questions. Selectman Dudek noted he had a question regarding the date of 2010 and having the property owners take a double hit on their taxes. Ms. Shanoff explained if it is not done now the property owners will get hit with the full value plus revaluation on top of that. Selectman Dudek noted there is such a disparity between New Haven County and Middlesex County. The median income for both New Haven and Middlesex Counties was reviewed. Options 1 and 2 being proposed were reviewed. Selectman Dudek noted then if this is not done by 2010, there would be an 80 percent increase over New Haven County plus 20 percent and the reval in the reval year. Selectman Sipples noted Option 2 was 25 percent increase per year. Regina Regolo briefly explained Options 1 and 2. Ms. Shanoff was recommending Option 2. Tony Savino from the Housing Partnership asked if taxes would go up before 2011. Ms. Shanoff noted taxes would be going up annually until the revaluation if improvements have been made to the property. Motion by Dudek, second by Sipples, that the Board of Selectmen adopt the Affordable Housing Agency Regulations drafted by Attorney Wells using Option 2 formula adjustment (proposed in an email from Gina Regolo to the 3 selectmen) which is a 4 year period beginning October 2007 at 25 percent increases capping at 100 percent in 2010 Middlesex County median income. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.

2. Town of Killingworth Hazard Mitigation Plan.
Selectman Dudek noted there are issues with this document in target deadlines and time lines for goals and implementation which is a tremendous work load on a lot of people. These would include Board of Selectmen, OEM, Public Works. The time line would be 2011, but a completion date of 2008 is what is preferred. Some of the items to be completed are (but not limited to) - update flood zone studies, strengthen existing subdivision and zoning regulations, insure that flood proof construction standards on roads (which would impact the highway dept.), provide backup GIS mapping system, revise storage of critical files and electronics to town hall to insure that damage would not destroy valuable records. This would effect Board of Selectmen, Public Works, Police, Fire, Planning & Zoning, Regional OEM, Library, Zoning Board of Appeals. This would require full time staff to do this. There is no possible way this could be done. First Selectman Klein noted in the case of a catastrophic occurrence, the Town would be on its own. This is not practical as the Town of Killingworth does not have the staff to meet the requirements.

Selectman Sipples suggested Jean Davies from CRERPA attend a meeting to review this matter further.

No decision was made relative to this matter.
7. New Business
1. CRRA - Paul Nonnenmacher.
First Selectman Klein noted Paul Nonnenmacher and Tom Kirk from CRRA were present. Mr. Nonnenmacher, Director of Public Affairs of CRRA, introduced himself and Tom Kirk, President. Mr. Nonnenmacher noted CRRA is instituting a recycling rebate and paying participating towns $10 a ton for every ton of recyclables. He reviewed the items considered recyclables. Mr. Nonnenmacher noted the Hartford Landfill would be closed in 2008, and this will impact the cost structure in a couple of ways. They are currently looking for a new ash landfill somewhere in Connecticut. In the meantime, they will need a place to bring the ash and items that can't be burned. Most likely that material will be loaded on trucks and taken to an out-of-state landfill which will effect the costs as will the cost of closing the Hartford Landfill itself. The closing cost would be about $35 million. The State Legislature and the Governor have agreed to give $15 million from the State Bond Commission to help with the closure and hopefully the Legislature will act on this soon.

Tom Kirk, President of CRRA, introduced himself noting he has been with CRRA for about 4 years. He reviewed the MidConn Project which promises a revenue of $10 per ton for recycling. It is important however that the Towns commit and deliver all of its recyclables, the reason being there are varying values of different commodities. Some items have negative value and CRRA must pay to get rid of them. Other items have high value depending on the markets for those items.

Tom Kirk reviewed the lawsuit by the 70 towns against the MidConn Project for excessive tip fees as a result of the Enron mess. What's in dispute is not the fact the towns have paid higher tip fees, but what can be done about it. The new CRRA, a reconstituted board, is now made up of first selectmen and mayors of participating towns. Their mission is to insure CRRA works for and in the best interest of the member towns. There has been some renegotiation of contracts, cost controls, cost savings, substantial legal initiative to pursue the guilty parties of Enron, the resolution of a number of other lawsuits against advisors, law firms and others that had advised CRRA to get into the ill fated transaction. Still pending are 11 lawsuits against multi-national banks that advised, aided and abetted Enron in defrauding the State of Connecticut and the 70 towns of the MidConn Project. CRRA expects to be successful in pursuing those lawsuits to the tune of $20 to $40 million additional benefits. Mr. Kirk noted about 70 percent of the Enron loss to date has been reclaimed and expect to get 90 to 100 percent when this matter is completed provided things continue to go CRRA's way. The New Hartford lawsuit has complicated activities substantially. The lawsuit was started by two small towns and the Waterbury Court Judge, Judge Eberle, elected to create a class action thereby making the remaining 68 towns of the 70 as part of the lawsuit. There was a 4 month trial where many issues were raised and litigated. Ultimately the Trial Judge found for the plaintiffs, meaning the 70 towns would receive $35.8 million from the CRRA MidConn Project. That ruling is under appeal by CRRA, the cost of such appeal being paid for by the CRRA insurance company. Mr. Kirk noted a ruling on the appeal is expected some time this spring or summer. The impact to the towns will be minimal. In the meantime, there is a Judge's Order that says the $35.8 million is to be paid to the 70 towns. However, if the appeal is successful, those funds will need to be returned and that could be problematic. It has been suggested the towns upon receipt of those funds put it away and treat it as a contingent liability thereby not spending the money. First Selectman Klein asked why CRRA keeps appealing this matter when Superior Court and Supreme Court Judges have ruled on it. Why doesn't CRRA just distribute the funds to the Towns? The Town of Killingworth could use the $45,000 the town is due. First Selectman Klein noted the 70 towns want their money and will be meeting regarding this matter. A Judgment has been rendered and CRRA keeps appealing it.

Mr. Kirk noted the appeal is proceeding for several reasons. One being the case against the 11 banks that aided and abetted Enron's crime against the MidConn towns. He further noted Judge Eberle has indicated CRRA has not suffered any harm and if that is not appealed, the 11 cases will be dismissed and there will be $20 to $40 million left on the table. Mr. Kirk also noted the $35.8 million is not in escrow, but in the hands of a CRRA account controlled by the Treasurer. This money is not available to the towns but reserved as operating costs of the plant.

Mr. Kirk reviewed the tipping fees increase which would go from $69 to $86 next year if the $35.8 million is paid out. He noted the $35.8 million could be either cash or lower tipping fees. He then reviewed what the tipping fee would be had CRRA not recovered the 70 percent from the bankruptcy court of what it had lost.

Mr. Kirk reiterated there is no pot of money to be distributed to the towns. First Selectman Klein noted the Court instructed CRRA to give that money back to the Towns and asked why they keep appealing it. Mr. Kirk noted the Towns can get it back now or pay an $86 tipping fee next year. He also noted CRRA can pursue this appeal and perhaps not be successful but perhaps still win the case. If the appeal is withdrawn, the motion to dismiss will be lost along with the money.

There was further discussion regarding the tipping fees and the fact if the money is paid out the tipping fees will increase.

There was discussion regarding the composition of the Board of CRRA.

Amy Roberts Perry asked when the Town will be paid for the recyclables. Mr. Kirk noted it would be at the end of the fiscal year. A quarterly report will be received by the Towns.

In summary, Mr. Kirk noted they are anticipating the Supreme Court will tell CRRA to pay the money and send it to the lawyer. The Judge must determine a distribution methodology and legal fees. He urged the Town to file an appearance in Court relative to the distribution methodology.

First Selectman Klein thanked Messrs. Nonnenmacher and Kirk for the update of this situation.

2. BOS approval Over/Under Expenditures & Authorization to take to Town Meeting per BOF Special Meeting 10/16/07.
There was discussion as to why these items were being asked to go back to Town Meeting for a re-appropriation. First Selectman Klein noted the Wettish property dollars were just being carried forward from one fiscal year to the next. Selectman Dudek noted the Board of Finance motion should not have indicated this was a re-appropriation but should have said it was being carried over. There was further discussion regarding the process of the approving the over and under expenditures. Selectman Dudek noted he would like to table this item to the next meeting and ask the Board of Finance to come to the BOS meeting to review the format and the wording of "re-appropriation."

3. Selectmen's Meeting Schedule 2008.
Selectman Dudek noted the new administration should set the 2008 Meeting Schedule. This item was tabled until the December 10, 2007 BOS meeting.

4. BOS approval - Road Acceptance - Clarkson Lane 7 Authorization to take to Town Meeting.
Motion by Dudek, second by Klein, that the Board of Selectmen accept Clarkson Lane as a Town Road, pending Town Meeting approval. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.

5. Public Information Meeting, Reservoir Road Bridge, November 15, 2007.
First Selectman Klein noted there will be a public information meeting on November 15, 2007 at Killingworth Elementary School. He referenced the legal notice of this meeting. There will be representatives from Cardinal Engineering and the State to speak.

6. Set Date Special Meeting Executive Session Proposed UPSEU Labor Contract.
First Selectman Klein noted this item will be tabled as it has not been finalized.

8. MK Announcements
First Selectman Klein referenced his Memorandum regarding the bidding procedure for the Burr Hill Project. A copy will be given to Selectmen Sipples and Dudek. Selectman Sipples suggested this item be put on a BOS Agenda for discussion.

First Selectman Klein noted Mike DiStefano has indicated RSD17 is doing a traffic study at the new Middle School. The flashing lights at the Middle School are a priority. The Town plans on installing the required lights on the existing sign itself. CL&P will have to set a new pole on each side. The Town will make every effort to complete this next month, however the schedule revolves around CL&P. Selectman Sipples asked for an update on the traffic light. First Selectman Klein stated there is no update. The State Senators and Representatives were going to introduce legislation to move this along. The traffic count will be received when it is complete.

First Selectman Klein reviewed the Killingworth Road Regulations pertaining to the radius at the Route 81 and Green Hill Road intersection. He noted the town engineer followed Section 70 of the Killingworth Road Regulation which states the radius should be 35 feet. The radius is actually 37 feet. The Town Engineer has suggested this be watched for awhile to see what happens. The problem is that people are speeding and not used to the turn. Selectman Dudek noted one issue is large vehicles making this turn. He suggested the Town Engineer take a ride in the fire engine to view the problem. Going southbound the cut is definitely too narrow.

9. Selectmen's Concerns
Selectman Dudek had a concern regarding the transit buses. He noted there is a strong lack of leadership and this service is in trouble. More and more people are using the service.

Selectman Dudek noted he has received more calls regarding the stop sign at Green Hill Road and Chittenden Road. He also has witnessed some events that have occurred. He noted there should be two temporary signs "stop sign in service" and "oncoming traffic does not stop." Selectman Sipples noted there is currently an "unauthorized illegal stop sign" at that location. He reviewed the letter from Attorney Wells on this subject. Sipples stated Attorney Wells' letter would indicate this is not a legal stop sign. Selectman Dudek asked for a consensus from the Board that it would follow the process in Attorney Wells' letter from now on.

Motion by Sipples, second by Dudek, to add item to Old Business 3. Stop Sign on Green Hill Road and to discuss and vote on the subject. Voting in favor - Sipples, Dudek, Klein. Opposed - none. Motion Carried.

Motion by Sipples, second by Dudek, to make the stop sign at Green Hill and Chittenden Roads legal by officially having the Board of Selectmen approve it as a 3 way stop, and to add additional signage warning that on coming traffic does not stop, and to include temporary signage warning of new stop sign. Voting in favor - Sipples, Dudek, Klein. Opposed - none. Motion Carried.

Selectman Sipples noted he has received a lot of correspondence that he would like put on the Agenda for discussion -

 request for noise ordinance - Klein indicated he discussed this matter with C. Jefferson who indicates this is a zoning issue and zoning will take care of it.
 Traffic Study Committee Minutes - Sipples asked Klein to share information with the Traffic Study Committee as to who is the legal traffic authority in town.
 new appointments should be made by the new administration.
 overexpenditure of WPCA for bill relating to the test borings at Lover's Lane.
 letter from Building Official regarding relocation of the old diesel fuel tank which is too close to the well.
 better utilization of the State Trooper at the new Middle School and SMART machine.

Selectman Sipples noted the absence of First Selectman Klein and Richard Cabral from the Jason Lantieri funeral was evident. First Selectman Klein stated he did not want the funeral to become a political item, therefore felt it was not his place to be there. If it had been a non-election year, he would attended. Richard Cabral noted he was not present for the same reason, and also he was not in town or on the Board of Ed when Mr. Lantieri attended local school. Robert Baranoff from the Board of Education attended.

Jere Adametz noted the contractor is using the road east of Chittenden for construction purposes while they are working on Route 81. He would like to see that road repaired and few loads of gravel on top of it before the contractor leaves.

10. Adjournment
Motion by Sipples, second by Dudek, to adjourn at 9:12 PM. Voting in favor - Sipples, Dudek, Klein. Opposed - none. Motion Carried.

10.09.2007

October 9, 2007

1. Call to Order
The Killingworth Board of Selectmen held a meeting on Tuesday, October 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 – September 24, 2007
Motion by Dudek to approve September 24, 2007 Minutes amended as follows –
Under 7. New Business, 3. Discussion – Employee Pension Plan Administrator & Trustee, 8th sentence should read, “It was agreed this would be researched further.”
Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.

3. Visitors
Jere Adametz noted he recently was traveling on Green Hill Road to Route 81 and had to stop because of a school bus coming around the curve or he would have hit the bus head on. He noted either the curve needs to be changed or Green Hill Road between Route 81 and Stevens Road needs to be made one way. Walter Adametz noted the Town Engineer is reviewing this to try and revamp the curve to make it a “Y” instead of a radius. First Selectman Klein also noted that was questioned and it is being looked at. Selectman Sipples asked if the Town would be paying for the changes or will the engineering firm admit it wasn’t designed properly. First Selectman Klein noted the Town will be paying for it as the engineering firm went by the book when designing it.

4. Tax Abatements & Refunds
Motion by Dudek to approve Tax Refunds as presented by the Tax Collector – Linda Sue McCormack $25.25, Brockway Smith Company $92.32 and Vincent Gambardella $61.31, all overpayments. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.

5. Appointments and Vacancies
First Selectman Klein noted there are several vacancies, but no one is interested in serving at this time. He noted Helping Hands is in desperate need of someone as two individuals have gone back to work and don’t have the time any more to volunteer. This is a real problem as there is a need in the community for this service. Selectman Dudek asked for a report from Helping Hands as to their activities and how many families they assist. Rick Albrecht suggested contacting the Churches to see if they could assist in any way. Selectman Sipples noted that was an excellent idea.
6. Old Business
Motion by Dudek, second by Sipples, to add to Old Business Item 2. Resolution Authorizing a Lease Purchase Agreement to Finance Attack Pumper Truck. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.

1. BOS Discuss/Approve Amendment to “Affordable Housing Agency Regulations”.
Discussion ensued regarding the proposed Affordable Housing Regulations. It was noted the difference between New Haven County and Middlesex County was from $76,000 to $93,000 for median income. Selectman Dudek noted he would like to see a written explanation from the Assessor as to “why so much, so fast and getting to Middlesex County by 2010. There will be a hit in 2010 to be in Middlesex County and then again in 2011 with the reval.” This item was tabled until the next meeting.

2. Resolution Authorizing Lease Purchase Agreement to Finance Attack Pumper Truck.
The Resolution was reviewed. Selectman Dudek noted this was very similar to what was discussed originally. He asked if the first payment would be in the next fiscal year. Mrs. Regolo replied yes, and what was in this year’s budget was for the chassis. She confirmed the first payment would be in July 2008. Motion by Dudek, second by Klein, that the Board of Selectmen accept the Resolution Authorizing the Lease Purchase Agreement to Finance the Attack Pumper Truck (copy attached). Voting in favor – Dudek, Klein, Sipples. Opposed – none. Motion Carried.

7. New Business
1. Killingworth Hazard Mitigation Plan – Public Forum.
Selectman Dudek noted there were some problems with this when it was brought before the Board about 14 months ago and it was decided not to go any further until questions were answered. He asked for another copy of the Plan. It was noted Don McDougall was unable to attend this meeting, but would be at the next meeting to review this matter. The concern at this time was why have a public forum when this has not been approved by the Board of Selectmen. Selectman Dudek noted he would like to review the Plan before it goes to public forum. Selectman Sipples noted he would be amenable to having Jean Davies from CRERPA come to a special Board of Selectmen meeting to review the Plan. It was agreed the Selectmen would read the Plan and then Jean Davies would be asked to come to a special meeting to review it in detail.

2. Authorization by BOS to Amend Ordinance: Re Alternate Locations for Town Meetings.
It was noted the original locations for Town Meetings were the Town Hall and Killingworth Elementary School. The proposal is to add the Killingworth Fire House and the new Haddam-Killingworth Middle School. Motion by Dudek, second by Sipples, to amend the Ordinance to read “That future Town Meetings shall be held at either the Town Hall, the Killingworth Elementary School, Haddam-Killingworth Middle School or the Killingworth Fire House at the discretion of the Board of Selectmen.” Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried. Rick Albrecht noted this change would have to go to Town Meeting for approval.

3. To Approve Draft Resolution Re Property Taxes and Take To Town Meeting.
Selectman Sipples asked what this item referred to. First Selectman Klein noted it had to do with abating taxes for the Killingworth Land Trust and it would be tabled until a future meeting.

8. MK Announcements
First Selectman Klein noted the Route 81/Green Hill Road intersection had already been discussed. Waiting to hear back from the Town Engineer.

First Selectman Klein noted bids were due in on the 11th for the final remediation and testing of the wells at the lagoons. The Town has an obligation to test the 3 wells for the next 18 months. The bids will be received and opened at the next Board of Selectmen meeting. It was noted the bids were solicited by the Town Engineer and the price is anticipated to be far in excess of $5000.

9. Selectmen’s Concerns
Selectman Dudek questioned the stop sign on Green Hill Road. He noted this topic was discussed at the last Selectmen’s meeting and he thought the Board was going to wait until the Town Engineer came back with proposals. Selectman Dudek noted the sign went up about a week ago and he voiced his concern this was not brought back before the Board of Selectmen. He indicated he had a problem with the way this was handled and he had about 8 people contact him concerning the sign. Dudek noted that previously when stop signs were installed, warning signs were put up about 3 weeks prior to alert the public and the resident trooper would give verbal warnings during that time. Selectman Dudek reiterated his 3 issues with this – 1) this should have come before the Board of Selectmen, 2) this could have waited one more week to come before the BOS, and 3) anything like this should have advance notification because it is a very dangerous situation. First Selectman Klein noted Selectman Dudek’s point was well taken. However, he had contacted the State inquiring about the installation of stop signs on town roads and he was told the First Selectman has the right to put up stop signs. Selectman Dudek reiterated this should have been brought back to the full Board and there should have been a warning period of 2 to 3 weeks before the sign went up. Without the warning people at the intersection of Chittenden and Green Hill will have a false sense of security.

Selectman Sipples noted he contacted Town Attorney Michael Wells about 3 weeks ago inquiring about the sign at River Road and Green Hill Road. Attorney Wells indicated the First Selectman does not have the authority to put up any speed or stop signs and this must come back before the Board of Selectmen. Subsequently, the sign at River Road was removed. In the absence of a Traffic Authority, the Board of Selectmen is the Authority to put up speed signs and stop signs. First Selectman Klein noted he put the sign up for safety reasons and if any selectmen felt it should be removed, they should make a motion to that effect. Selectman Dudek asked for a written interpretation regarding this matter from Attorney Wells, and that he thought the Board was going to wait until the Traffic Study Committee made their recommendation. Selectman Sipples asked First Selectman Klein why he acted so quickly regarding this matter. First Selectman Klein stated Green Hill Road has become a real thoroughfare and he found this to be an extremely dangerous intersection. He reiterated he had contacted the State Traffic Commission who indicated he had the authority as the First Selectman and Chief of Police in Town to put up the stop sign.

Walter Adametz was asked what jurisdiction the Town and State have relative to these matters. Mr. Adametz replied the State has jurisdiction over speed limits and thru trucks. The municipality has jurisdiction over stop signs and any advisory signs.

First Selectman Klein referenced the Town Charter and the responsibility of the First Selectman as Superintendent of Highways and Chief of Police. Selectman Sipples noted the Charter indicates this comes under the general direction and policy making of the Board of Selectmen.

Selectman Dudek reiterated he would like a written ruling on this subject from the Town Attorney, and that the next time this comes before the Board and there is a warning to the public before it happens.
Selectman Sipples noted this administration has looked at filling the vacant Town Foreman’s position for some time now. He suggested this matter be resolved at the next Board of Selectmen meeting unless First Selectman Klein had strong reasons not to. First Selectman Klein noted the labor contract has not been settled yet, and the job description change is still on the table.

10. Adjournment
Motion by Dudek, second by Klein, to adjourn at 7:55 PM. Voting in favor – Dudek, Klein, Sipples. Opposed – none. Motion Carried.