MINUTES of the
REGULAR MEETING of the BOARD OF SELECTMEN
June 27, 2005

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, June 27, 2005, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were First Selectman David Denvir, Selectman Louis Annino and Selectman Fred Dudek. First Selectman Denvir called the meeting to order at 7:00 PM.

The Pledge of Allegiance was recited.

2. Approval of Minutes - June 13, June 15 and May 9, 2005
Motion by First Selectman Denvir to approve June 15, 2005 Minutes as written. Voting in favor - Denvir, Dudek w/Annino abstaining. Motion Carried.

Motion by First Selectman Denvir to approve June 13, 2005 Minutes amended as follows -
• Page 1, under 3. Visitors, 2nd paragraph, change end of 2nd sentence to read, "...and snow, and that it was necessary to have that discussion in order to determine what might be necessary to fix a number of leaks."
• Page 3, 1st paragraph, change 1st complete sentence to read, "He advised the DEP representative he would try to get an answer by the end of June, but the money doesn't automatically disappear after June 30th; it may however be taken from Killingworth if we don't use it. "
• Page 4, under 6., Appointment of Pension Administrator, correct motion to read, "Motion by First Selectman Denvir to select Merrill Lynch as the pension administrator with the caveat they continue to work with Kishel, Kneale and Tobin until such time as either they decide they can't (work with Mr. Kneale) at which point we'll re-evaluate their involvement or Mr. Kneale determines that his firm is not interested in working with them, and that the Town immediately establish an appropriate contract with them to serve in that capacity."
• Page 5, 1st paragraph, 2nd to last sentence should read, "Mr. Denvir noted if the individual owns property inside Connecticut, Town Counsel can seek a pre-judgment remedy attaching other Connecticut property."
• Page 8, under Executive Session, Selectman Annino asked why a hold harmless letter was not made part of the motion. First Selectman Denvir noted Ms. Adinolfo indicated in advance she was interested in discussing that. Selectman Annino noted for the record this benefit was grandfathered without anyone knowing about it and the people of Killingworth will be liable for about $50,000 and that was the reason he was opposed to it. Mr. Annino asked if this needs to go before the Board of Finance or Town Meeting. Mr. Denvir indicated he didn't think so but had not sought legal opinion on the matter. Mr. Annino reiterated he felt the people should be made aware of this since this is one more example of shadow government over the last 10 years. Voting in favor - Denvir, Annino, Dudek. Opposed - none. Motion Carried.

Motion by First Selectman Denvir to approve May 9, 2005 Minutes as written. Discussion followed. First Selectman Denvir noted he had been asked by Mr. Ward to note two items he took exception to. On Page 3, under Transfer Station Hours, the Minutes stated "Mr. Ward thought it was a good idea…". Mr. Ward indicated it was his recollection that he had no objection to it but not that he said he thought that it was a good idea. A similar issue is stated on Page 4, under 3. PAYT. Voting in favor - Denvir, Annino, Dudek. Opposed - none. Motion Carried.
3. Visitors:
First Selectman Denvir introduced Senator Edward Meyer. Senator Meyer noted Killingworth was the most interesting town in his district. The Town puts high value on land use and its choices. Senator Meyer noted his job is to promote the best interests of Killingworth in Hartford as a full time State Senator. Mr. Meyer reviewed the issues of the day that were reviewed in the legislature. He reviewed State aid, the conveyance tax, Open Space. Senator Meyer then reviewed some negative issues - State government continues to be inefficient, it's difficult to bring about institutional change, practically nothing was done with respect to ethics, campaign finance reform. Senator Meyer noted he was committed to tax reform although didn't do much in this area this year. He reviewed State Inheritance Taxes. Selectman Dudek briefly mentioned health benefits and Open Space. He felt that government has driven the reason that Open Space is disappearing, not the townships themselves and that was important to him. Senator Meyer noted they expanded the base of health care for disadvantaged individuals, but didn't do much with prescription drugs. He reviewed health insurance premiums for doctors. There was discussion regarding the Probate Courts.

Steve Hollander asked Senator Meyer to briefly review whether any State cuts in spending have been considered. He noted Governor Rell is very parsimonious about spending. He felt the State would turn the corner on the spending side.

Peter Venuti noted that when the State income tax was passed it was supposed to be temporary. Senator Meyer noted he felt the income tax was implemented improperly as it was a flat tax of 5 percent. His suggestion would be for tax reform to have a progressive rate going from 5 to 8 percent, and hopefully this will substantially reduce property tax.

Arlene Tunney asked how the State Legislature is dealing with the potential loss of Groton New London which will have tremendous financial impact on the area. She also noted the financial economists are predicting that housing is about to bust. Senator Meyer noted that was a good point about housing and he should be addressing that issue. With regard to the Groton Sub-base, everyone is involved. The State will win this case if it wins the case that they made a mistake. There is a huge superfund problem in Groton. Clean up costs will be enormous.

First Selectman Denvir noted Donna Shanoff was scheduled to speak regarding the map machine, but was not present. He asked if everyone received the literature she distributed. This will be discussed at another meeting.

5. Appointments/Vacancies
First Selectman Denvir noted an official resignation has been received from Hilary Kumnick from the Field Study Committee. The Board needs to decide if it wishes to appoint someone else or feel it is unnecessary as the Committee will soon be entering its report writing phase. First Selectman Denvir noted a Town Meeting will need to be called in the future to reappoint Steve Hollander, Shelly Cumpstone and John Machold as representatives to the Regional Recreation Committee.

7. New Business
3. Schedule Town Meeting Rachel's Court, H-K Recreation Authority
Motion by Selectman Dudek that First Selectman Denvir at his discretion call a Town Meeting on a non-Selectmen's Meeting Monday, for the purpose of accepting Rachel's Court and to reappoint the H-K Recreation Authority members. Voting in favor - Dudek, Denvir, Annino. Opposed - none. Motion Carried.

6. Old Business
2. Reservoir Road Bridge
First Selectman Denvir noted this Board needs to make a decision in terms of funding for the Reservoir Road Bridge. It was decided to bring Howard Pfrommer back in to review the details of this project.

3. Visitors - PAYT Committee
Amy Perry noted Jim Ward was not present this evening and wasn't sure if anything could be discussed without him. First Selectman Denvir noted he has been very impressed with the work the PAYT Committee has done regarding junk mail, etc. Mr. Ward's concern with using the 3rd compactor for that service would leave the town in a difficult position if one of the other compactors broke down on a weekend. The 3rd compactor was purchased to help out in the event there was a problem with the other 2 compactors. Mr. Denvir personally felt it was an idea that could be tried. Steve Hollander briefly reviewed the issue of changing the pressure on the 3rd compactor that being a concern of Mr. Ward's. He spoke with the manufacturer and was told it would be a down time of about one half hour to turn back the pressure. He didn't understand why this was being taken so negatively.

8. DLD Announcements
Motion by First Selectman Denvir to add two items to the agenda - PPS Resolution and Firemen's Pension. Voting in favor - Denvir, Dudek, Annino. Opposed - none. Motion Carried.

Motion by First Selectman Denvir to authorize Mr. Denvir to sign the PPS Resolution with regard to grant funding for Fiscal Year 2004 for the Department of Homeland Security. Voting in favor - Denvir, Dudek, Annino. Opposed - none. Motion Carried.

Motion by First Selectman Denvir to adopt the same Pension Rollover Plan for the Firemen's Pension. Voting in favor - Denvir, Dudek, Annino. Opposed - none. Motion Carried.

First Selectman Denvir noted Mr. Leighton has provided the Board with a request to return someone's building fee and that will be taken up at the next meeting.

Motion by First Selectman Denvir to adjourn to the Town Meeting at KES at 7:56 PM and to reconvene at the Town Office Building after the Town Meeting if time permits. Voting in favor - Denvir, Dudek, Annino. Opposed - none. Motion Carried.

It is noted for the record that the Board of Selectmen meeting did not reconvene due to the lateness of the hour for the Town Meeting and no Executive Session was held.

TOP

MINUTES of the
REGULAR MEETING of the BOARD OF SELECTMEN
June 13, 2005

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, June 13, 2005, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. First Selectman David Denvir called the meeting to order at 7:00 PM.

The Pledge of Allegiance was recited.

2. Approve Minutes of May 27, 2005 Special Meeting
First Selectman Denvir noted the approval of the May 9th Minutes which was not done at the May 27th meeting will be put on the next agenda of June 27th.

Motion by Selectman Annino to approve the Special Meeting Minutes of May 27, 2005 as written. Voting in favor - Annino, Denvir. Opposed - none. Abstained - Dudek. Motion Carried.

3. Visitors
Several visitors were present.

Ruth Patrick asked about the status of 660 Route 81. First Selectman Denvir noted he called Bruce Dodson, President of the Land Trust, to ask if the Land Trust was still interested in the property. The Land Trust was trying to negotiate for some additional property with one of the landowners. Mr. Denvir was waiting for Mr. Dodson to respond. Ms. Patrick asked if this could be resolved by June 30th. She noted this is still being carried on her records and it could have been cleared up a long time ago by putting it on the market to sell. First Selectman Denvir noted they were trying to resolve this in a way for the land to be retained as Open Space. He was not optimistic for a resolution by the end of June. There are two or three parties involved in this matter and no one seems to be on the same page.

Arlene Tunney asked Mr. Denvir if he had made comments that there were design flaws in the Library, and if so, she would like to know what they are. First Selectman Denvir noted he has only repeated what others have told him about the way the roof lines were laid out and problems with moisture and snow. Ms. Tunney asked if these were professional people. Mr. Denvir noted two were professional craftsmen.

Arlene Tunney asked about the gutters and leaders on the Library. First Selectman Denvir noted the craftsmen who fixed the window and painted the building indicated that some of the problems with the moisture and fascia had to do with the fact that significant portions of the building did not have gutters. The rain water cascades down on all sides of the building. It was their recommendation in order to preserve this work that some gutters be installed all the way around the building at an estimated cost of about $1300. Selectman Annino noted the architect designed the building to be built without gutters. Ms. Tunney noted there are some gutters and leaders in propitious places. Where will the water go if gutters are placed on the building? It was Ms. Tunney's recommendation not to put more gutters and leaders. Ms. Tunney also noted that second growth pine was used on the trim and wasn't maintained. Many houses built in that some period have the same problem. If the craftsmen have replaced this with good cedar, there shouldn't be any problems in the future.

Jere Adametz asked what the process was for the sale of the brush truck. First Selectman Denvir noted a request was received from the Killingworth Volunteer Fire Company that the Town of Clinton be permitted to acquire the old brush truck by means of a donation. The Town of Clinton is one of the primary responders to Killingworth for mutual aid and would most likely provide assistance in the event that Killingworth had a brush fire that required assistance.

Michael Venuti noted there was a Town Meeting this past Monday for the Board of Education item and didn't realize that Bosco was on the agenda for discussion. He noted he had a conversation with Betty Bosco at that meeting and had some concerns. Mr. Venuti had concerns with the Town accepting the $180,000 grant and long term ramifications. He recommended not taking the $180,000 and having the option of accommodating more students if the need should arise.

Betty Bosco was also present and noted she received a visit from someone who identified himself as an appraiser for the school system concerning the demolition of 3 houses. She subsequently called Superintendent Mala who stated there was no intention, and is no intention, of demolishing any houses and he would try to find out what was going on. Mr. Venuti further explained that if it should ever come to the point of having to move 3 stable families out of their houses, it would be a travesty not to be able to use the property the Town already owns by accepting the grant.

Peter Venuti asked whether accepting the DEP grant would allow for hunting on that property. First Selectman Denvir noted he has not sought a legal opinion on that question, but it was his opinion that the Town would still be the owner of the property and that hunting is not permitted on municipal property. Just because there is a Conservation Easement on the property, it doesn't increase the type of activities on the land.

Jim Thomsen reviewed an article in the newspaper regarding the recent Bosco meeting. The article stated the majority of people wanted to accept the offer of $180,000 and that the offer was only good until June 30, 2005. Mr. Thomsen noted the Town knew about this since December of last year and now we are down to the last minute to make a decision. Mr. Thomsen reviewed the costs so far of the Bosco property. He also noted he heard that the school wants this property. He thought it was unfair to the community to bring this up two weeks before the offer expires.

First Selectman Denvir noted Mr. Thomsen should have called one of the members on the Board of Selectmen to ask whether the facts in the article were correct. He then reviewed the costs of the Bosco property. The purchase price was $640,000 plus $30,000 of various taxes on behalf of the seller. As part of that the Town of Killingworth voted to bond $995,000 ($740,000 for Bosco and $240,000 for the site work, engineering and foundation for the addition to the Town Hall). The bond being paid off is not just for Bosco, but Bosco and the Town Office Building as approved by a Town Meeting and Town Referendum. Mr. Denvir reviewed the interest payoff. He noted a principal payment of $50,000 is also made every year. Mr. Denvir reviewed the financial advisor and bond counsel charges. He further noted the vote to reject the State's grant in May of 2002 was overwhelming. The second vote in November was also defeated. Mr. Auer's plan then came forward in the spring time and it didn't make sense to bring this forward at that time until a determination was made as to the use of the front portion of the property. Mr. Denvir then visited with the State DEP to ask if the line could be redrawn to maximize the Town's available use and to protect the area immediately adjacent to the school in case the school subsequently needed that land in the future. He advised the DEP representative he would try to get an answer by the end of June, but the money doesn't disappear after June 30th. Mr. Denvir noted he disagreed with the newspaper article indicating that the majority of people favored it. He indicated only about 50 people attended the meeting and only about a dozen people spoke. Three spoke in favor and three spoke in opposition. He didn't feel there was a majority one way or the other. One additional reason the Town had to wait before bringing this up was that a legal opinion was sought as to whether the Town could take the same proposal that was already defeated by a substantial margin in May of 2002 and bring it before the voters again at another Town Meeting. It was legal counsel's opinion that it can be brought up for another vote.

Allyn Chase noted he was a benevolent advocate to speak about the Bosco property. He noted the Town, and the Board of Ed, have had opportunities in the past to acquire good land parcels and these opportunities have slipped by the wayside. He reviewed some past history of available land parcels. Mr. Chase noted this is the Town's really first opportunity to say it was late on the others and this makes a logical step to procurement of land. He noted he was an advocate for the Town retaining all of that acreage under its domain and decision making process.

Betty Bosco noted the former First Selectman LeVasseur raved about the property when it was first being negotiated. Then Clough, Harbour when proposing the recreational project also raved about what a lovely piece of property it was. Ms. Bosco urged the Selectmen to look at the entire piece, including the farm house, the barn and the remaining 54 acres. She advocated the Town keep possession and control over the entire property. She noted the Town of Haddam is currently having problems with a DEP controlled State Park. First Selectman Denvir explained that the Conservation Easement does not mean that the State would be responsible for the property. The Town would still have control over the land, but would be limited in terms of use. Ms. Bosco suggested the Town of Killingworth retain control over the entire property as it is and that it start to think about what to do with the house and barn.

Donna Shanoff noted she didn't realize that the map machine was not on the agenda and asked if she could speak regarding that matter. Mr. Denvir suggested this be put on the June 27th agenda. Ms. Shanoff noted she wasn't sure it would hold up until that time as it is barely working now. She indicated repair costs would be about $500 just for the belts. It was decided Ms. Shanoff would distribute copies of pertinent documentation and this would be put on the June 27th agenda.

4. Tax Abatements and Refunds
The following tax abatements and refunds were reviewed -
$231.95 Eric B. Miller Disposal of Motor Vehicle
$ 14.15 John P. Melina Stolen Motor Vehicle
Motion by Selectman Annino, second by Selectman Dudek, to approve the above noted requests for tax abatements and refunds. Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried.

5. Appointments/Vacancies
First Selectman Denvir noted he understands a member of the Field Study Committee has resigned, but he hasn't received notification of that yet.

First Selectman Denvir noted there has been a vacancy on the Board of Assessment Appeals following the resignation of Cathy McGrady who moved out of town. The name of Adrian Cavanaugh, a long time resident, was submitted by the G.O.P. to replace Ms. McGrady. Motion by First Selectman Denvir to nominate Adrian Cavanaugh to fill the vacancy of Ms. McGrady on the Board of Assessment Appeals. Voting in favor - Denvir, Annino, Dudek. Opposed - none. Motion Carried.

6. Old Business
1. Appointment of Pension Administrator
First Selectman Denvir noted the list has been narrowed to three choices since the interviews - Banknorth, The Guardian and Merrill Lynch. He noted he was prepared at this time to withdraw Banknorth from the short list, leaving The Guardian and Merrill Lynch. Mr. Denvir noted Merrill Lynch has professionally and diligently followed up with the Town regarding this matter. They have also indicated a willingness to use Kishel, Kneale and Tobin as actuary since that organization is very familiar with our employee and fire department pension plans. He recommended that the Town immediately ask Merrill Lynch for appropriate contracts to bring them on as administrator keeping Kishel, Kneale and Tobin as actuary. Selectman Annino asked why Banknorth was taken off the short list. Mr. Denvir noted he would have been comfortable with any of the three, but he noted Merrill Lynch was very professional and impressive with their follow up and eagerness to serve. Selectman Dudek asked if the costs for Merrill Lynch and The Guardian were relatively the same. Mr. Denvir replied yes. Mr. Dudek noted he was first most impressed with Merrill Lynch. He was also impressed with the presentation by The Guardian, but didn't know if there had been any follow up. Mr. Denvir noted to his knowledge The Guardian has not followed up with the Town. He noted Eagle Strategies and Morgan Stanley had also followed up. Selectman Annino noted that Banknorth impressed him the most. He was apprehensive about a big national firm, especially one that uses their own mutual funds. There was a short discussion as to whether a vote should be taken this evening. Selectman Dudek noted his main concern with using Banknorth was that the fire department uses them for its pension and putting all the Town's pension funds with one vehicle. Selectman Annino noted he favored Banknorth because they are in Town and we do some of our banking with them. Motion by First Selectman Denvir to select Merrill Lynch as the pension administrator with the caveat they continue to work with Kishel, Kneale and Tobin until such time as either they decide they can't at which point we'll re-evaluate their involvement or Mr. Kneale determines that his firm is not interested in working with them, and that the Town immediately establish an appropriate contract with them to serve in that capacity. Voting in favor - Denvir, Dudek. Opposed - Annino. Motion Carried.

2. Delinquent Conveyance Tax
First Selectman Denvir explained the State's 490 Classification which provides for substantial tax relief for those who have the appropriate amount of land. However, if you lose the classification by conveying the property out or by filing a subdivision map in a period of less than 10 years, one then becomes responsible for the back taxes that would have otherwise been due in all those years. Mr. Denvir noted a property on Tower Hill had been placed in 490 in 2002 and the property was conveyed out in 2004, thus the classification was lost. The conveyance tax at the time, however, was not paid and attempts by Town Counsel to collect those funds have been unsuccessful. Town Counsel has agreed there doesn't appear to be any defense in this matter and a lawsuit should not be very expensive or involved unless the party cannot be served or doesn't have any funds to pay the amount due which is $18,117. He felt a lawsuit should be instituted and if there was no objection, he would contact Attorney Howard. Selectman Annino asked if the property could be liened. Mr. Denvir noted he didn't think so because it was not the buyer's fault. The seller was responsible for paying the tax. Susan Adinolfo, Town Clerk, noted she spoke with Town Counsel who advised they could do a long arm service if they can find property outside of Connecticut that this individual owns. Mr. Denvir noted if the individual owns property inside Connecticut, Town Counsel can seek a pre-judged remedy taxing other Connecticut property. It was agreed First Selectman Denvir will contact Attorney Howard to move forward with this matter.

3. Beaver Dam Road and Buell Hill Road/Board of Selectmen Acceptance
First Selectman Denvir noted a Town Meeting has authorized this and deeds have been received and reviewed by Town Counsel. Planning & Zoning, the Town Engineer and the Highway Department have all signed off. Motion by Selectman Annino to formally accept Beaver Dam Road and Buell Hill Road. Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried.

4. Library Maintenance Bills
First Selectman Denvir noted copies of the Library lease were given to Selectmen Annino and Dudek. Selectman Dudek noted it was very clear in the contract that the interior of the building maintenance is not the Town's issue. If this is going to be changed, then the Board needs to talk with the Library and come to some agreement. Selectman Dudek did not feel the Town was responsible at this time for these bills for the interior of the building. First Selectman Denvir noted he agreed with Selectman Dudek and will advise the Library the Town is declining to pay the bills. Mr. Dudek suggested sending the Library a copy of the contract in the event they don't know there is one. Mr. Annino noted this Board should talk with the Library officers and/or Town representatives. Mr. Denvir will contact the Library and ask them to come to a meeting.

5. Web Page Update; Board of Finance Vote
First Selectman Denvir noted the Board of Finance voted to not approve this expenditure. The BOF felt the Town should decide first exactly what it wants to do, what should be on the web page, what the format should be, should forms be downloadable, etc. The BOF might establish a subcommittee to review this further. Mr. Denvir asked if this Board would like to pursue this or make some suggestions, etc. Selectman Annino noted he would like to see all Minutes on the website in an historical link. He would also like to see the property transfers on the website. Selectman Dudek asked if the BOF had a negative or positive feeling about a web page. Mr. Denvir noted the BOF had a concern that a new budget had just been passed and now there's a request a week after. It also had the concern that the Town should know exactly what it wants before moving forward. Selectman Dudek noted he would like to stay appraised of any subcommittee's work on this subject.

7. New Business
1. Bethke Recreation Request for Funding
Eric Auer gave a status of the Bethke Recreation Fields. They are currently preparing a Municipal Improvement application with Planning & Zoning and a date should be set for a Town Meeting to approve the property transfer back to the Town and the $45,000 field construction cost. Selectman Dudek asked if anything has come back from the Attorney General's Office. Mr. Auer noted the Land Trust attorney has researched that matter and found that step was not required. The Planning & Zoning Commission Chairman also agreed it was not required. That item has therefore not been pursued. First Selectman Denvir reviewed the procedure to move forward. The Board of Selectmen must approve it; then it must go to the Board of Finance. Once approved by the BOS and the BOF, then a Town Meeting is called. Mr. Denvir explained this would require two votes. The first would be to approve the Town's acceptance of the property pending approval of financing. The second would be approval of the funding. Mr. Auer next reviewed what the $45,000 would cover and the scope of work. Mr. Auer suggested one of the Selectmen be a liaison for this project. Selectman Annino volunteered to be the liaison. It was noted the fencing would probably have to go out to bid. The Selectmen looked at the Bethke Road drawings and reviewed parking and fencing. Mr. Denvir asked if there was anyone in the audience who wished to speak on this subject. No one else wished to speak.

Motion by First Selectman Denvir that the Board of Selectmen approve and recommend to the Board of Finance approval of a special expenditure in the amount of $45,000 which expenditure shall be taken from fiscal year 2004/05 if we convened in advance of June 30th, and if not, shall be taken out of fiscal year 05/06 for the purpose of funding the construction of the Little League Field on Bethke Road as approved by the Planning & Zoning Commission, and that if this funding request is approved by the Board of Finance, that the First Selectman be authorized to call a Town Meeting to discuss no less than two items - 1) the special appropriation, and 2) authorization for the Board of Selectmen to accept the transfer of property from the Land Trust. Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried.

Mr. Auer noted he was asked to look at a map supplied to him of the property behind the Town Office Building. He pointed out an area where two soccer fields could be put with very little trouble and there was plenty of room for parking. He felt there could be two first class soccer fields there for about $250,000 and it wouldn't affect any current plans for the area. He asked if there was access to Wolf Meadow and the response was no. Mr. Denvir noted minimal rights were to have been maintained on the original road bed, but they were signed off on. Mr. Auer reiterated there is a lot of room for parking and plenty of area to configure the fields. He suggested this be pursued once the Bethke Road fields are done.

2. Resident Trooper Contract
First Selectman Denvir noted he was looking for authorization to sign the Resident Trooper Contract from the Department of Public Safety for the coming year. Motion by Selectman Annino, second by Selectman Dudek, to authorize the First Selectman to sign the Resident Trooper Contract with the State Police Department. Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried.

3. Sale of Brush Truck
First Selectman Denvir noted there was one individual interested in the brush truck along with the Town of Clinton. Fire Chief Dudek noted the Town of Clinton has two of these vehicles of the same vintage and would like to use the three vehicles to get two good ones. Chief Dudek indicated this was a Town truck and not a fire company truck. The Fire Department discussed this and felt that because the Town of Clinton is direct mutual aid to the Town of Killingworth, this might be a better use for them to have it then to sell it outright. Based on past history, one doesn't get much for the trucks. It is, therefore, the Department's recommendation that this truck go to the Town of Clinton.
It was also felt that if this was explained to the interested individual, that person would also agree that was the best use of the truck. Mr. Denvir asked Chief Dudek to contact the Clinton Fire Chief to submit an offer to purchase the truck for $1.00.

4. Postal Service
Selectman Annino noted he was at the Deep River Post Office this week and found out they were amenable to better postal service in Killingworth. If a petition signed by a groundswell of people were submitted, they would then explore having a facility that would allow delivery of mail from Killingworth and have all the postal amenities for sale. He suggested the BOS look for a couple of volunteers to circulate a petition. Eileen Boulay, Arlene Tunney and Ruth Patrick volunteered to be on a subcommittee. Ms. Adinolfo asked if this would be an advisory petition or an actual petition. Selectman Annino noted the petition would be in the Town Hall for anyone to sign.

5. DEP Bosco Grant
First Selectman Denvir noted he did not receive a sense of majority support from the recent meeting and did not consider it to be significant support to override the vote in May of 2002. He felt the Town was better off to preserve the land and its options to do what it wants to do with the land. Selectman Annino noted the other side of this is that there was going to be a green belt right down the center of Town. Selectman Dudek noted there are too many questions and the Town is not sure it can stop people from hunting on that property. Selectman Dudek asked if the Town gives up its right to sell the property once it takes the money and easement? First Selectman Denvir noted the Town could sell it, but the easement would go with it. Mr. Dudek noted the house, even in its present condition, is probably valuable to the right person. Motion by First Selectman Denvir that he be authorized to contact the DEP for purposes of accepting the grant. A brief discussion followed and Mr. Denvir withdrew his motion. He explained that it is not good practice to put forth a negative motion. Motion by First Selectman Denvir that the First Selectman be authorized by the Board of Selectmen to contact the DEP and accept the grant indicating our willingness to grant the Conservation Easement and thus lose our ability to control that land. Voting in favor - Annino. Opposed - Dudek, Denvir. Motion Failed. Grant will not be accepted.

6. Library Gutters
Selectman Dudek asked Ms. Tunney why gutters were only put in certain spots. Ms. Tunney noted they were put in spots where pedestrians would be. There was discussion regarding the plantings. Mr. Denvir asked if the Board wanted to pursue gutters and get estimates or wait and see if further problems develop. Selectman Annino noted the architect hasn't had any input as to whether the building needs gutters. Ms. Tunney noted the present gutters go into a dry well away from the building and who knows where new gutters would go. Selectman Dudek pointed out there may be an icing problem in the winter. He also asked what repairs had been done to the building. Mr. Denvir explained the repairs and the painting. He noted Mr. Titcomb has confirmed there needs to be some additional work done and it was his recommendation that without gutters, there would be the same problems over again. Ms. Tunney thought the problems had to do with the bad pine. Selectman Dudek noted he had a concern about shooting the water out into the parking lot if new gutters were installed. Selectman Dudek noted he would like to speak with Mr. Titcomb and investigate this a little further.

7. Pension Plans (minimum distribution) mandated changes
First Selectman Denvir reviewed the mandated change having to do with Federal law for pension administrators. Motion by First Selectman Denvir to go with the actuary's advice to amend the Pension Plan to provide for the rollover method for those participants who have less than $5000 in vested funds at the time they terminate their employment. Voting in favor - Denvir, Dudek, Annino. Opposed - none. Motion Carried.

8. DLD Announcements
First Selectman Denvir noted one of the Town's bridges has been listed on the National Registry of Historic Places.

9. Selectmen's Concerns
Selectman Dudek noted he spoke with Michael Venuti and they have expressed an interest in talking with the Board again regarding a possible counter offer.

Selectman Dudek noted he received the packet from the PAYT Committee and there are some issues they would like to speak to the Board on. Do we want to hold a special meeting? First Selectman Denvir noted he would call a special meeting some morning when advised what morning everyone could attend. Jim Ward should also be invited to attend.

10. Executive Session: Land Acquisition, KMEA Contract Negotiations, Post Retirement Health Insurance
Motion by First Selectman Denvir to go into Executive Session at 8:52 PM for the purpose of discussing Land Acquisition, KMEA Contract Negotiations and Post Retirement Health Insurance. Voting in favor - Denvir, Dudek, Annino. Opposed - none. Motion Carried.

Motion by First Selectman Denvir, second by Selectman Annino, to come out of Executive Session at 9:52 PM. Voting in favor - Denvir, Annino, Dudek. Opposed - none. Motion Carried.

Motion by First Selectman Denvir that in view of the letter from Mrs. Ahearn to Mrs. Adinolfo dated November 19, 1986, the Selectmen consider Mrs. Adinolfo to be uniquely grandfathered as to the receipt of benefits; And, that it is the finding and understanding of the Board that no other Town of Killingworth employee is so similarly grandfathered; And, that in view of this, should Mrs. Adinolfo retire effective in January 2006 she shall be eligible to receive the current post retirement health benefit as exists in the current AFSCME contract; And, that this motion is made and voted on the express beliefs and understandings as stated above, and is not intended and does not establish, set, state or represent any form of Town policy regarding such benefits on behalf of the Town of Killingworth. Voting in favor - Denvir, Dudek. Opposed - Annino. Motion Carried.

11. Adjournment
Motion by Selectman Annino, second by Selectman Dudek, to adjourn at 9:54 PM. Voting in favor - Dudek, Annino, Denvir. Opposed - none. Motion Carried.

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MINUTES of the
REGULAR MEETING of the BOARD OF SELECTMEN
May 9 , 2005

1. Call to Order

The Killingworth Board of Selectmen held its regular meeting on Monday, May 9, 2005, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were First Selectman David Denvir, Selectman Louis Annino and Selectman Fred Dudek. First Selectman Denvir called the meeting to order at 7:00 PM .

The Pledge of Allegiance was recited.

2. Minutes

Motion by Selectman Annino, second by Selectman Dudek, to approve the April 25, 2005 Minutes as written. Voting in favor – Annino, Dudek, Denvir. Opposed – none. Motion Carried.

3. Visitors

KMEA Members

Several of the KMEA members were present. Jim Ward acted as spokesperson for the group. Mr. Ward noted they were present to discuss their contract that has not been settled. They started negotiating 16 months ago for a wage increase for 04/05, and it was put on hold pending negotiations with AFSCME. In December they presented a proposal and recommended way of negotiating between the Association and First Selectman Denvir, but there was no response because Mr. Denvir didn't agree with the schedule. In June 2004, KMEA members received a letter from First Selectman Denvir saying the BOS hope to have everything settled with the AFSCME contract shortly and would work with KMEA to complete their negotiations. The letter also stated the Association would work under the existing contract until negotiations were completed. Mr. Ward noted the 02/04 contract said members would automatically get a cost of living raise without negotiations, but that Mr. Denvir did not interpret it that way and members would get nothing until the contract was settled. He indicated about six weeks ago he and Mr. Denvir discussed a proposal and there were 3 items he took back to the members to review. The members didn't like those items and Mr. Ward asked Mr. Denvir to put something in writing. Mr. Denvir then submitted a list of 6 items in writing. Mr. Ward noted the members have reviewed those 6 items and are submitting their comments. He also asked if the total Board of Selectmen were involved in the response received from Mr. Denvir. Selectman Annino noted First Selectman Denvir is the point man for the negotiations and has kept the Board apprised of what he was doing. Mr. Annino noted there were 3 big issues that he was concerned about. Selectman Dudek noted the Board was informed of what went back to the Association but no votes were taken on it. Mr. Dudek noted it was his understanding that previously the other two Selectmen weren't told what was going on until after the contract had been signed. First Selectman Denvir asked Selectmen Annino and Dudek if he gave them a copy of what he was going to give the Association and they replied yes. Mr. Ward asked where the other 3 items came from when there were only 3 original items.

First Selectman Denvir noted he felt this should be discussed in Executive Session. Mr. Ward noted he felt it should be discussed in open session. He indicated the last contract took 2 ½ years to negotiate. This time there were 3 items and now there are 7 or 8. Mr. Ward indicated their members have been more than patient and have been working since July with no cost of living increase. Selectman Annino noted he didn't think this was the place to negotiate this. Mr. Ward reiterated it doesn't work anywhere else.

Mr. Ward briefly reviewed bereavement pay and overtime no longer being included in the pension benefits. He also noted the membership is being asked to vote two members out.

Selectman Dudek noted that the KMEA contract expired in 2004 so there is no longer a contract in effect.

There was discussion regarding the removal of two positions of Administrative Assistant and Selectmen's Secretary from the KMEA membership.

Mr. Ward reiterated that the June 15, 2004 letter from First Selectman Denvir stated that in the interim period before the new agreement is finalized, the membership will work under the existing agreement with no change in the current FY terms. They have had no increase since July 2004.

Selectman Annino noted he was a big pusher for the Defined Benefit Plan, but was sorry he did because he has only gotten grief on it. It was not to be funded for overtime as it was premature to do that. Mr. Ward noted the pension benefits were to be based on the W2 figures.

Mr. Ward noted he would like to negotiate further with the whole Board. After discussion, it was agreed to meet on Thursday, May 19, 2005 , at 7:00 PM in Executive Session. There would be the Board of Selectmen (with 3 members) and 3 members from the KMEA. Mr. Ward asked why this had to be in Executive Session. First Selectman Denvir noted he would not negotiate in open session as it was not in the best interest of the Town to do so. Selectman Dudek agreed.

Selectman Dudek asked Mr. Denvir to clarify the sentence in his letter that states, "In the interim period before your new agreement is finalized, we will work under the existing agreement with no change in the current FY terms." Mr. Denvir replied that means everything stays the same, except for any pay increases. Anything that is eventually agreed upon will be retroactive back to July 1 st.

R. Cabral, Board of Education

Mr. Cabral noted the Regional School District and Superintendent Mala wished to thank both the voters of Haddam and Killingworth for the passage of the 05/06 Operating Budget. Mr. Cabral reviewed the potential hiring of upcoming personnel. He reviewed curriculum noting there will be a meeting on June 7 th at 3:30 PM to review this subject. Mr. Cabral noted curriculums have not been revised in quite some time and it is now being put on a five year plan. They are currently hosting strategic planning committees for the school district. The BOE is currently reviewing the calendars for 06/07/08 and studying transportation. Staff Appreciation Week was celebrated. Superintendent Mala has sent out Staff Appreciation letters to faculty, staff and the Board of Ed. Mr. Cabral noted the Parents Group has been meeting on the first Friday of every month at 9:00 AM .

Selectman Annino asked for a 30 second update on the new intermediate school. Mr. Cabral noted the site has been cleared and blasting has been going on to move the rock. Everything is moving along and they are looking at January, April or May of ‘07 as a completion date.

Mr. Cabral urged people in the community to attend any of the BOE meetings.

Transfer Station Hours, Jim Ward

First Selectman Denvir asked Mr. Ward to comment on the recommendation to change the transfer station hours. Mr. Ward thought it was a good idea and asked why it wasn't also done on Tuesday.

Mike Board, Wettish Property

Mr. Board asked if anyone had contacted the owner of the Wettish property. First Selectman Denvir replied no because he had a meeting scheduled with the DEP Acquisition Group to get an update before doing so. This should be accomplished before the next Selectmen's meeting. Mr. Board also asked if there would be an appraisal done on the property. Mr. Denvir noted it would probably be done for purposes of knowing what the value would be. If State funds were used, the State would have to get an appraisal.

Peter Venuti, Lover's Lane

Mr. Venuti noted he has given the Board pictures and has looked at this quite a bit. He asked that the Town Engineer determine what the pitch of the road was as this is a very important factor. This is the first step to take in trying to correct this problem. Selectman Annino noted the water flowed fine when the Town Crew breached the road two years ago.

Martin Simon, 37 Lover's Lane

Mr. Simon noted he lives at 37 Lover's Lane and sees what happens all the time to the road. After seeing ideas of spending a lot of money to fix Lover's Lane, he felt this must be fully thought through. Cars go through there very fast. Trucks go through constantly. There is no practical way to police this other than to station a police car there and give out tickets. Frequently when there is water over the roads, the bottoms of the cars are being rinsed and all the sludge, dirt and build up is being washed into the wetlands. That has been a problem for decades. Mr. Simon indicated all attempts to fix the road have failed. There are environmental and traffic concerns with the construction of the new school. He noted the main reason expressed to him for keeping the road open is for emergencies in case Route 81 was closed for whatever reason. He suggested some sort of an electric gate be put up to allow for emergency vehicles to get through in case Route 81 was blocked. That way the road would serve emergency functions, but would remain closed cutting down on pollutants, overuse and the need to repair spending a lot of money on something that probably wouldn't work. Selectman Dudek noted from the emergency side of it, that is not an issue as they already have access with keys and there is another station on the west side of town. Selectman Annino noted the Town hasn't spent a lot of money on that road. The last time it was surfaced was about 20 years ago. He indicated he did have a concern about emergency vehicles especially if there was a big accident somewhere in the vicinity of the new school. If there is a tie up at the traffic light, there must be a way to get to the north end.

Mrs. Simon asked if someone could address environmental concerns regarding the back wash from cars going to the dump on Saturdays. Selectman Annino noted he agreed with these concerns, but also felt there were other areas in town that have the same issues. Mr. Simon noted he felt there was more trash on that particular road and it goes right into a protected wetlands. First Selectman Denvir noted he wasn't surprised at the very nature of using that road as a shortcut and the attractiveness of hitting the gas makes for a greater degree of debris.

First Selectman Denvir thanked the Simon's for their interest in this subject.

4. Tax Abatements & Refunds – none.

5. Appointments/Vacancies

1. KLA – tabled until the end of the meeting.

2. Charter Revision Committee

First Selectman Denvir noted a legal opinion had been received from Attorney William Howard and distributed to the Selectmen. It was agreed that no one should be appointed that could be deemed to be a municipal official over the limitation of 1/3 of the members. Discussion followed as to who has already been appointed and who has shown interest in being appointed. Motion by First Selectman Denvir, second by Selectman Annino, to establish and appoint the following individuals to the Charter Revision Committee – Rick Berzon, Deborah Griswold, Rick Albrecht, John Amport, Diane Gladstone, James Cutler and Frederick Perry. So Voted. Motion Carried. Mr. Denvir thanked those who could not be appointed for coming forward and also Mr. Cabral for stepping down.

6. Old Business

1. KMEA/Contract Discussion

First Selectman Denvir noted there was no further discussion on this matter as it had been discussed earlier in the meeting.

2. Lover's Lane

First Selectman Denvir noted he, Selectman Annino, Jim Ward, Walter Adametz and Mike Board visited the site of Lover's Lane. Mr. Ward noted there was settling in the western most lane far more than in previous years. He suggested fixing it with some macadam. The road has been opened pending any additional rain. Mr. Ward will monitor the water to see what is happening. Mr. Denvir noted the Wetlands Commission has required monitoring of the upstream and downstream water level prior to doing any work there to see if there is any change in habitat.

3. PAYT; change of Transfer Station Hours

First Selectman Denvir noted Mr. Ward has recommended a change of hours for the transfer station. Motion by First Selectman Denvir to change the transfer station hours effective July 1, 2005 on Saturdays to 8:00 AM to 2:00 PM and that for the first two Saturdays there be an employee stationed there from 2:00 to 3:00 PM to advise people of the change in hours, and to change the Thursday hours to 2:00 PM to 8:00 PM. So Voted. Motion Carried.

Amy Perry reviewed white paper recycling. She noted John's Refuse will give the Town a 6 yard container to be put over by the phone book container at no charge. First Selectman Denvir asked if this would violate the CRRA contract. Ms. Perry replied no as CRRA does not offer this service. She indicated they would be coming back with a recommendation for doing mixed paper recycling too. CRRA currently does take mixed paper.

Motion by First Selectman Denvir, second by Selectman Annino, to authorize John's Refuse & Recycling to place a 6 yard container for white paper recycling at the transfer station under the condition there will be no charge and it will be emptied at a minimum of once a month, the location of said container to be coordinated with Jim Ward. So Voted. Motion Carried.

Ms. Perry noted they had two other recommendations they would like to discuss. It was agreed to put this on the next meeting agenda.

4. Reservoir Road Bridge

First Selectman Denvir noted that he was of the opinion, and contrary to an earlier decision, that the Town should go ahead with the wingwall version of the bridge under the Federal Program. He would ask Howard Pfrommer to work up some figures for the wingwall version of the bridge if no one had any objections. No one objected.

5. School Election

First Selectman Denvir noted May 25 th was not available at Killingworth Elementary School for the School Election meeting so another date must be chosen. Based on past school elections the Fire House would not be big enough. Motion by First Selectman Denvir that the First Selectman be authorized to call a Town Meeting for the School Election at the earliest possible Monday in June that is available at the Killingworth Elementary School, All Purpose Room. So Voted. Motion Carried.

7. New Business

1. Town Web Page

There was discussion regarding a proposal received from Peg Scofield for a Town Web Page. Selectman Dudek noted there may be a chance of utilizing some of Ms. Scofield's computer skills in other areas as well. That would require further discussion with Ms. Scofield. It was noted this would cost $1000 to implement and $400 a month to keep it up. Selectman Dudek felt this was a good idea as minutes and agendas could then be obtained from the Town Web page and this would also cut back on the flow of paper. It was noted there should probably be a contact person for this at the Town Hall. Selectman Annino noted he would support this, but asked about the dollars. First Selectman Denvir noted the Board could request an appropriation from the Board of Finance for this and create a new line item for it. It could then be implemented as time goes along. Motion by Selectman Annino that the First Selectman be authorized to request from the Board of Finance an appropriation, not to exceed $6000, for implementation of a Town Web Page. So Voted. Motion Carried.

8. First Selectman's Announcements – none.

9. Selectmen's Concerns

Selectman Annino asked if the sludge lagoon negotiations were complete yet. First Selectman Denvir replied no.

Selectman Annino noted he reviewed the WPCA Minutes where it mentioned the Killingworth Village site was saturated to capacity and this was going to be investigated. He also noted he visited the new school site where there is going to be an on site sewage treatment plant. Mr. Annino indicated he was told the Water Company has concerns, but the State of Connecticut approved this. Selectman Annino wanted to point this out to the people in the community who live here because he felt in the future there would be big problems.

Selectman Dudek asked if this Board had sent a letter to the Planning & Zoning Commission yet about the Bethke Road site. First Selectman Denvir noted that letter had been sent some time ago.

5. Appointments/Vacancies

1. KLA

Motion by First Selectman Denvir, second by Selectman Dudek, to appoint Cindy Baklik as the Town representative on the Killingworth Library Association. So Voted. Motion Carried.

First Selectman Denvir reviewed a letter he received from the Library Board regarding their maintenance expenses. Mr. Denvir noted the Town is responsible for the shell of the building and for significant maintenance. Selectman Dudek noted he would like to talk with the Library Board to understand the agreement between them and the Town. Selectman Annino noted the issue of library funding needs to get straightened out. First Selectman Denvir agreed this was a problem that must be addressed. It was agreed to invite someone from the Library Board to come and discuss this matter.

10. Executive Session: Personnel Matters (Building Official)

Motion by First Selectman Denvir to go into Executive Session at 8:57 PM for discussion re personnel. So Voted. Motion Carried.

Motion by First Selectman Denvir to come out of Executive Session at 9:14 PM . So Voted. Motion Carried. No action was taken.

11. Adjournment

Motion by Selectman Annino, second by Selectman Dudek, to adjourn at 9:15 PM . So Voted. Motion Carried.

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MINUTES of the
SPECIAL MEETING of the BOARD OF SELECTMEN
April 18, 2005

1. Call to Order

The Killingworth Board of Selectmen held a special meeting on Monday, April 18, 2005, at the Killingworth Town Office Building, 323 Route 81, Killingworth. In attendance were First Selectman David Denvir, Selectman Louis Annino and Selectman Fred Dudek. First Selectman Denvir called the meeting to order at 8:00 PM.

The Pledge of Allegiance was recited.

2. Approval of Minutes – March 28, 2005

Motion by Selectman Dudek to approve the March 28, 2005 Minutes amended as follows –

  • Page 4, under 6., 2. Charter Revision, insert the words "...to establish..." in the motion so the motion reads "...to establish and appoint...".

Voting in favor – Dudek, Annino, Denvir. Opposed – none. Motion Carried.

3. Visitors

Richard Cabral noted the Board of Education adopted the budget last Thursday and have sent it to referendum on May 3 rd. He noted the budget was cut by $188,000 down to a 7.6 percent increase from last year. Mr. Cabral noted the new school is proceeding. Selectman Dudek noted in response to his question from the last meeting, that the technology grant was $71,000. It was also noted the DOT signs, questioned by Selectman Dudek at the last meeting, are for the new school. They were not required, but they did put them up because of cars being parked along the road. First Selectman Denvir asked Mr. Cabral if he could request the Building Committee to have a staging area to get some of the cars off of Route 81.

Eric Auer was present to give an update on the fields. With regard to the Bethke Road field, Mr. Auer noted the Board of Selectmen must send a letter to Planning & Zoning endorsing the change in Open Space from passive to active and that recreation is allowed. Planning & Zoning will then vote on the change and it gets sent to the Attorney General for the State of Connecticut for signature. Motion by Selectman Annino to authorize the First Selectman, on behalf of the Board of Selectmen, to write a letter to the Planning & Zoning Commission. Voting in favor – Annino, Dudek, Denvir. Opposed – none. Motion Carried. There was discussion about funding and when it should be requested. With regard to the Bosco property, Mr. Auer noted Inland Wetlands did a walk and found some very sensitive wetlands. It has been suggested two of the soccer fields in the back be turned into baseball fields. This is still being discussed. Mr. Auer is currently working on layouts and testing for the Bosco property. Mr. Sipples asked what the funding would be for Bosco. Mr. Auer noted he hasn't had time to work on that aspect, but will do so in the next couple of weeks.

Ed Sipples and Qwenne Lally were present for the Field Study Committee. Ms. Lally noted the Committee is taking inventory of available properties that might lend themselves to be used for recreation. There is 120 acres for sale on North Parker Hill Road (Wettish property). Ms. Lally asked if it was in the committee's charge to seek further information regarding this property. Selectman Dudek noted the original intent of the Committee was to examine all options.

4. Tax Abatements and Refunds

Motion by Selectman Annino to approve payment of the reviewed tax abatements and refunds as recommended by the Tax Collector –

$ 126.48 Cynthia Swick Correction, Trade In of Motor Vehicle

Voting in favor – Annino, Dudek, Denvir. Opposed – none. Motion Carried.

5. Appointments/Vacancies

1. Charter Revision Committee

First Selectman Denvir offered his apology to Mr. Berzon and to the Board and explained he had been contacted some time ago by Rick regarding his interest in serving on the Charter Revision Committee. As the appointments came in, Mr. Berzon's name was not included in the list of candidates presented to this Board. Mr. Denvir reviewed statutory compliance. He noted compliance was focused on the number of people, appointment in the right period of time and the balance of party affiliations. However, there cannot be any more than 3 members being members that hold Town positions. Mr. Denvir further noted there is no legal opinion as to what constitutes a Town position. He indicated the Town Clerk spoke with the Secretary of State's Office regarding this matter. Pursuant to that conversation, and clarified by Town Clerk Susan Adinolfo, this would include any Town elected position. Ms. Adinolfo further noted that the Secretary of State's Office indicated any position established by Ordinance or Public Act would probably fall into that same category, but this should be determined by legal opinion of Town counsel. There was much discussion on how this should be handled and whether the Town should seek a legal opinion. Ms. Adinolfo also pointed out that members of the Charter Revision Committee must be sworn in within 30 days of appointment. Mr. Denvir noted there is less than two weeks left to solve this issue. Motion by Selectman Dudek, second by Selectman Annino, to rescind the appointments and get a legal opinion. Voting in favor – Dudek, Annino, Denvir. Opposed – none. Motion Carried.

2. Public Health Agency

First Selectman Denvir noted there are two vacancies.

3. Killingworth Library Association

First Selectman Denvir noted he was contacted by a member of the Board of Finance with suggestions for appointments to both the Library Association and to Wetlands. Mr. Denvir will contact the individual who is interested in the Library Association and report back at the next meeting.

4. Inland Wetlands & Watercourses Commission

First Selectman Denvir noted this appointment should be a Democrat. The person recommended by the BOF member was a Republican. Motion by Selectman Annino, second by Selectman Dudek, to appoint Mr. Sanders be appointed to the Wetlands Commission. Voting in favor – Annino, Dudek, Denvir. Opposed – none. Motion Carried.

5. Water Pollution Control Authority

First Selectman Denvir noted there is also a vacancy on the WPCA. Mr. Sipples noted a recommendation had been forwarded for this position. Mr. Denvir did not have it, but will check on it.

6. Old Business

1. Employee Pension/Update

First Selectman Denvir gave a brief update. He indicated there were a couple of productive meetings from pension people and the Board must now discuss the matter. This can be done publicly, or as it may involve negotiating contracts, could be done in Executive Session. First Selectman Denvir noted he has a conference call scheduled for next week to review a proposal from a firm in Fairfield. He also noted Charlie Walls has asked for an opportunity to discuss this further with all three Selectmen. First Selectman Denvir noted he told Mr. Walls he didn't think he was on the short list, although a vote had not been officially taken. Selectman Annino noted Mr. Walls called him and he thanked him but declined the opportunity to meet with him. All three selectmen briefly noted their preferences. Selectman Annino suggested this be discussed further during Executive Session.

2. Field Study Committee Update

This item was discussed under Visitors.

7. New Business

1. Historic Document Preservation Grant

The Town Clerk has requested authorization to submit an application for an Historic Document Preservation Grant. Motion by Selectman Annino that David L. Denvir, First Selectman, or the Town Clerk, as his designee, be empowered to execute and deliver in the name of and on behalf of this municipality an application and contract with the State Library for an Historic Document Preservation Grant. Voting in favor – Annino, Denvir, Dudek. Opposed – none. Motion Carried.

2. Schedule Town Meeting

First Selectman Denvir noted there is a budget meeting scheduled for May 16 th. He reviewed the items for the call of the meeting. The reappointment to the Regional Water Authority was briefly discussed. It was decided the items to be taken up at that May 16 th Town Meeting would be the budget, acceptance of 3 town roads, Regional Water Authority appointment and any other matters that were previously authorized to go to Town Meeting. There was a brief discussion about holding a special election for the Board of Education. Motion by First Selectman Denvir, second by Selectman Annino, to add to the agenda of the regular Town Meeting scheduled for May 16 th, approval of 3 town roads (Buell Hill, Beaver Dam and Rachel's Court), act upon the appointment of a representative to the South Central Connecticut Regional Water Authority for a term of 3 years, that we add to it any other matters already authorized calling a Town Meeting for within the last 60 days, and that we also call for a Town Meeting on Wednesday, May 25 th, subject to availability of the school, for the purpose of holding a special election to the Board of Education.Voting in favor – Denvir, Annino, Dudek. Motion Carried.

First Selectman Denvir noted he received a letter from the Venuti Family realtor containing a counter offer to the Town's offer. This is not scheduled for an Executive Session this evening so it cannot be discussed. Mr. Denvir asked whether it should be added to the agenda for discussion. Town Clerk Adinolfo reminded everyone this was a special meeting and items cannot be added to the agenda.

8. First Selectman's Announcements

First Selectman Denvir noted the Town has been asked by the New Haven Peace Commission to get behind a resolution calling for the elimination of nuclear arms. Apparently some thousand other cities around the world have already signed on. Copies were distributed to Selectmen Annino and Dudek. This will be discussed at the next meeting.

9. Selectmen's Concerns

Selectman Annino asked what happened to the restitution money being received from those who stole the siding off the Bosco barn. First Selectman Denvir noted the Probation Department at the Middletown Superior Court has been unable to answer the question as to why the Town has not received any additional restitution. It was a condition of the probation that payment be made. Their probation has come to an end and the payments have not been forthcoming. Mr. Denvir is following up on this matter.

Selectman Annino asked if there was a reason why Lover's Lane was not opened. First Selectman Denvir noted he would check on that tomorrow.

Selectman Annino noted he received a call from one of the department heads a few days ago voicing concern that she was all alone in the building and everyone had gone to lunch. Mr. Annino noted this has been discussed before and felt it was time there be some cross coverage so no one is in the building alone at any given time. First Selectman Denvir reviewed the number of employees in each office and what happens when people are on vacation, sick or bereavement and the office is not fully staffed. Mr. Annino indicated one issue was security and the second issue was coverage in the offices. He felt the Board of Selectmen should control when the offices are open and closed.

Selectman Dudek noted there was another bill for sand. This went out to bid in the fall and the BOS Minutes reflect that Selectman Annino requested this come back to the Board of Selectmen for a vote. That was never done and sand was purchased. Selectman Dudek noted he understood the need at the time was critical, but felt this happens too often. Those bills are large enough that they should be voted on.

Selectman Dudek noted he had a very good meeting with the Pay As You Throw Committee and would like that added to the next meeting agenda.

10. Executive Session – Employee Benefits

Motion by First Selectman Denvir, second by Selectman Annino, to go into Executive Session at 9:15 PM for the purpose of discussing employee benefits and to invite Susan Adinolfo to participate. Voting in favor – Annino, Denvir, Dudek. Opposed – none. Motion Carried.

Motion by Selectman Annino, second by Selectman Dudek, to come out of Executive Session at 9:47 PM. Voting in favor – Annino, Dudek, Denvir. Opposed – none. Motion Carried. No votes were taken during Executive Session.

11. Adjournment

Motion by Selectman Annino, second by Selectman Dudek, to adjourn at 9:48 PM. Voting in favor – Annino, Dudek, Denvir. Opposed – none. Motion Carried.

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MINUTES of the
REGULAR MEETING of the BOARD OF SELECTMEN
March 28, 2005

1. Call to Order

The Killingworth Board of Selectmen held its regular meeting on Monday, March 28, 2005, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were First Selectman David Denvir, Selectman Louis Annino and Selectman Fred Dudek. First Selectman Denvir called the meeting to order at 7:00 PM .

2. Approval of Minutes of March 14, 2005 and Special Meeting of March 17, 2005

Motion by Selectman Dudek, second by Selectman Annino, to approve the March 14, 2005 Minutes as written. Voting in favor - Dudek, Annino, Denvir. Opposed - none. Motion Carried.

Motion by Selectman Annino, second by Selectman Dudek, to approve the Special Meeting March 17, 2005 Minutes as written. Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried.

3. Visitors

Visitors included Ruth Patrick, Richard Cabral, Susan Adinolfo, Howard Howes, Michael Board, Jere Adametz, Jim Thompsen, Peter Venuti, Arleen Tunney, Peg Scofield, Shannon O'Cork and Charles Stannard.

Richard Cabral, Board of Education Update

Mr. Cabral gave an update on the Board of Education. He indicated the Board would be approving curriculum vision schedules at the meeting next week. They are starting senior projects in which a student will choose a project at the beginning of the year that will be related to course work and career aspirations. They are also trying to standardize the elementary report cards. The Board is following up on the entire English language program. Mr. Cabral indicated they are redesigning the reading and mathematics support services model to incorporate grades 2 thru 6 inclusive. This has not resulted in any additional staff, but has been a reallocation of present staff. They are upgrading technology infrastructure during the recess through the use of a statewide grant. A long range technology plan will be developed and will be in place at the start of the 05/06 school year. In another effort to save money, in 2008 science will become part of the CMT. The entire science program is now being upgraded. They are working with regional purchasing to save money. Mr. Cabral reviewed the tutoring of students as a result of student discipline sanctions. When a student is disciplined and not able to participate in the educational program, tutors must be provided. They are looking for ways to save money with regard to tutoring students. A schedule is in place for strategic planning with the focus groups. They want to expand this and have meetings with the Selectmen so they are aware of the far ranging plans of the school district. Mr. Cabral noted the Board of Education met with concerned parents at the beginning of March regarding expulsion decisions and sanctions imposed. The Policies and Communications Subcommittees of the Board of Ed are considering the issues raised. Mr. Cabral explained the Board's zero tolerance policy in that if a student is involved with alcohol or drugs, that is an automatic suspension, but it must go to the Board for a hearing. Previously the administration handled this matter. The Board of Education has completed its evaluation of the Superintendent of Schools and self-evaluations. Negotiations have been started with the custodial unit. The high school is in the process of CAP testing. The school calendar has been approved for next year. In April, the next two years will be approved with a significant change that on November 8 th, school will not be in session. There will be a professional development day that coincides with Election Day. Mr. Cabral noted the Board continues its line item review of the Superintendent's recommended budget. They are also pursuing a change in the method of bonding on the Middle School. It looks as if the bonding will be able to come in under 4 percent which will be a cost savings in next year's budget and subsequent years. The Board is still conducting a comprehensive review of class size, enrollment projections and transportation.

Mr. Cabral noted Howard Howes, member of the School Building Committee for the new Middle School, was present to give a status update on the new school. Mr. Howes indicated State approval has been received for the wells. The zoning permit and foundation permit have been received. The tree clearing is in process. Selectman Dudek asked if the signs on Route 81 covered with black plastic have to do with the school construction. Mr. Howes indicated he has not seen the signs and didn't know, but would check on it. First Selectman Denvir noted he received a phone call this afternoon about traffic control on Route 81. He asked if DOT has signed off on the activity to the north of the area where the initial road was cut in. Mr. Howes stated he didn't really know, but it was his understanding the final DOT permit isn't issued until the completion of the project. Mr. Denvir also asked if there are any particular traffic control requirements necessary at this time. Mr. Howes noted he didn't know of any. Mr. Denvir indicated he would talk with the Building Official about traffic control. Selectman Annino urged Mr. Denvir to talk with the State DOT regarding traffic control on that stretch of road. Mr. Denvir noted there is a budgeted line item for this and the State Police could be asked to provide additional control. Selectman Annino noted this is an accident waiting to happen and perhaps the Town should do this. Selectman Dudek suggested that if Mr. Denvir speaks with DOT, perhaps he could ask if those signs refer to the school project.

Selectman Dudek asked Mr. Cabral if he knew what the amount of the technology grant was. Mr. Cabral noted they have a grant in hand, but he didn't know what the amount was. He will ask.

Selectman Dudek asked what point of expulsion or suspension does the school have to start paying for students' education. Mr. Cabral noted with regard to expulsions, it has to start immediately and it is a couple of hours per day. Mr. Cabral also noted any student that is out of school for a lengthy amount of time for whatever reason has to be provided education.

Peter Venuti, Lovers Lane

First Selectman Denvir reminded Mr. Venuti items of discussion must be on the agenda. Mr. Venuti noted he has a legitimate concern and would like to voice his opinion at a selectman's meeting. Mr. Denvir asked Selectmen Annino and Dudek if there was any objection to hearing Mr. Venuti. Both selectmen replied no. Mr. Venuti noted he has been watching Lovers Lane and what the Wetlands Commission has been doing. He had some pictures he took of Lovers Lane showing the elevation of the water on both sides of the road. Mr. Venuti explained that regardless of what is done with the road, the water will always maintain it own level. He further noted that if it was dropping off, the pipes would solve the problem. The problem is in the swamp of its exit. Putting in pipes is a waste of money. Mr. Venuti indicated this must be addressed and suggested Mr. Denvir make a call to the DEP. He strongly feels the Town is going about solving the problem the wrong way.

Selectman Annino noted the beavers in the back have caused an exacerbation of the problem. The engineers and the wetlands people have been working on this matter.

First Selectman Denvir noted the first thing being done is to establish monitoring wells on the downstream side because the Wetlands Commission has a concern that if the water flow is changed, there could be potential damage to wetland habitat. This problem is so complex that using a band aid solution will not solve the problem, nor will a bridge or pipes. The problem is either upstream or downstream. It is not the fact there are clogged pipes over a road that should have never been there originally.

Mr. Venuti noted he was just trying to bring to the Board's attention that it is level right now and whatever is done is not going to change the water elevation. Mr. Denvir noted the record should show that this is the part of the road where the problem lies.

Michael Board, Contract Negotiations

There was a brief discussion about whether the Venutis had been contacted to attend the Executive Session this evening.

Jere Adametz, Route 81

Mr. Adametz briefly reviewed traffic control on Route 81 in the area of the school construction.

4. Tax Abatements & Refunds - none.

5. Appointments/Vacancies

1. Killingworth Library Assoc. (vac)

2. IWWC & WPCA (vac)

It was noted there are still vacancies on the Killingworth Library Association, the Inland Wetlands & Watercourses Commission and the Water Pollution Control Authority.

3. Health & Safety Committee/Helen Mahoney

Motion made and seconded to appoint Helen Mahoney to the Health and Safety Committee. Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried.

6. Old Business

1. Update/Employee Pension Meeting

First Selectman Denvir gave an update on the Employee Pension Meeting held recently.

2. Charter Revision

Motion made and seconded to appoint the following to the Charter Revision Committee - John Amport, Richard Cabral, Peter Venuti, James Cutler, Diane Gladstone, Michael Board, Michael Sanders, Edward Sipples, Richard Albrecht and Deborah Griswold. Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried.

3. Pension Presentations

See Item 7. New Business.

8. DLD Announcements

First Selectman Denvir reviewed the request for an appropriation from the Field Study Committee.

Motion made and seconded to approve an appropriation of $3,600 for the Field Study Committee for a file cabinet, secretary and printing of the report, said appropriation is a non-binding recommendation to the Board of Finance. Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried.

9. Selectmen's Concerns

Selectman Annino noted he received a copy of the auditor's report and was concerned about the auditor's recommendations having to do with the employees receiving 160 percent of their pay during a period of short term disability. Selectman Annino asked the auditor how much money was involved and the auditor didn't know. First Selectman Denvir noted he estimated maybe $4500. Mr. Denvir further noted the present disability insurance contract does not provide for a set off for any sick time. The disability insurance is designed to provide someone to receive a maximum weekly benefit of 60 percent of income. The employee manual and union contract says that amount can be supplemented by using up to two sick days per week. The disability insurance, however, does not require any set offs. Mr. Denvir noted there is a gap between what the union contract and employee manual provides, as opposed to what the disability insurance provides. He further noted he sent out a memo to all employees several months ago that an employee is no longer entitled to both. An employee will take either the disability insurance or the sick days and turn the disability checks over to the Town. Selectman Dudek asked if there was a checks and balances for this. First Selectman Denvir noted any application for disability has to be signed off by the First Selectman. Any disability from the insurance company is to come directly to the First Selectman marked ‘Personal and Confidential.' Town Clerk Sue Adinolfo reviewed a recent experience she had with receiving both disability and sick days. Mr. Denvir noted the Highway Foreman has filed for disability insurance and this has been handled under the new policy. It was agreed this subject should be added to a future Executive Session for further discussion.

Mr. Board noted, in defense of Mr. Denvir's remarks, this happens all the time in the aviation field.

Selectman Annino noted the Town owes it to the people in this community to receive a week's pay, but it is unconscionable for people to draw 160 percent.

First Selectman Denvir noted he would supply a copy of the memo sent out to all employees to Selectmen Dudek and Annino. Both Selectmen Annino and Dudek indicated they would like to find out more about this matter.

7. New Business

1. Employee Pension: Presenter/Linda Remington, Eagle Strategies

Linda Remington from Eagle Strategies and Phil Monty were present to each do a 30 minute presentation for the Pension Administrator's position.

10. Executive Session: Land Negotiations and KMEA Negotiations

Motion made and seconded to go into Executive Session at 9:27 PM for the purpose of discussing Land Negotiations and KMEA Negotiations. Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried. Motion made and seconded to come out of Executive Session at 10:30 PM . Voting in favor - Dudek, Annino, Denvir. Opposed - none. Motion Carried. No action was taken.

11. Adjournment

Motion made and seconded to adjourn at 10:31 PM . Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried.

 

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MINUTES of the
REGULAR MEETING of the BOARD OF SELECTMEN
March 14, 2005

1. Call to Order

The Killingworth Board of Selectmen held its regular meeting on Thursday, March 14, 2005, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were First Selectman David Denvir, Selectman Louis Annino and Selectman Fred Dudek. First Selectman Denvir called the meeting to order at 7:00 PM.

The Pledge of Allegiance was recited.

2. Approval of Minutes of February 28, 2005 and March 5, 2005

Motion by Selectman Annino, second by Selectman Dudek, to approve the February 28, 2005 Minutes as written. Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried.

First Selectman Denvir noted the March 5, 2005 Special Meeting Minutes were not filed on time, so therefore the votes at that meeting could be subject to dispute. The Board will have to reconfirm those votes.

3. Visitors

Ruth Patrick, Rich Cabral and Eric Auer were scheduled visitors. Mr. Cabral was not present. Others present included Michael Board, Jere Adametz, Peter & Linda Venuti, Edward Sipples, Mrs. Boulet, Jim Thompsen, Peg Scofield, Shannon OCork, Charles Stannard and a couple of other interested citizens.

All visitors deferred their comments until the appropriate agenda items.

4. Tax Abatements & Refunds

Motion by Selectman Annino, second by Selectman Dudek, to approve the following tax refund as reviewed -

$ 16.69 Robert M. & Cassidy Hammel Destroyed Vehicle

Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried.

5. Appointments/Vacancies

1. Killingworth Library Association (vac)

First Selectman Denvir noted there continues to be a vacancy on the Killingworth Library Association.

2. IWWC & WPCA (vac)

First Selectman Denvir noted there is a newly created vacancy on both the Inland Wetlands & Watercourses Commission and WPCA. Ms. Young was unable to stay on due to personal and family obligations. Mr. Denivr noted this is a Democratic opening. Selectman Dudek inquired as to how the Town Committees are notified of vacancies. Mr. Denvir noted the Town Clerk's office sends out a notification. Selectman Annino noted the question came up last night as to whether or not the Town Committees are always notified. The Board needs to confirm this.

6. Old Business

1. 660 Route 81

First Selectman Denvir reviewed his discussion with Bruce Dodson from the Killingworth Land Trust about an interested party. This is a problematic piece of land and there is a question as to whether the KLT even wants it. An agreement is being worked on between the interested party and the KLT in an attempt to make it more acceptable to the KLT. Ms. Patrick noted this property is off the list but is still accumulating interest every month. There was discussion about why the interest is continuing to accumulate and the disposal of the property. Ms. Patrick noted she would show Mr. Denvir the State Statute having to do with the interest accumulation.

2. Employee Pension Meeting Update

First Selectman Denvir noted there is a meeting on Thursday at the Firehouse to interview the interested parties for administrator of the employee pension.

3. Town Hall Computer Update

First Selectman Denvir noted there really hasn't been any change in the computer update. Ms. Patrick noted the Tax Assessor and Tax Collector are going to proceed with the software update. There was discussion regarding whether or not the Town has an IT person on board. It was noted this was budgeted for the upcoming year, and that Fuss and O'Neill can be contacted for the balance of this year on a time and materials basis if anything is needed. Mr. Denvir noted the Tax Assessor and Tax Collector servicing contracts were approved as budgeted. There was discussion on the dollar figure for the computers to date. That figure has not been arrived at yet. Mr. Denvir noted the Board would go to the Board of Finance for additional funds to complete the project if necessary. There was discussion regarding the Quality Data equipment and available dollars. Ms. Patricks wanted to make sure there are sufficient funds for everything.

4. Status - Negotiations w/Venuti Family Property

Selectman Annino noted he and Selectman Dudek met with the Venuti family and had a cordial meeting. Mr. Denvir was ill and could not attend this meeting. The Venuti family was told the Board would sit down and talk with them and nothing has happened since that meeting. Mr. Denvir indicated that now the budget process is over, it will be easier to put this on the agenda. It was suggested the Venuti family be invited to the March 28 th meeting.

Mike Board reviewed the status of his Freedom of Information request for the Venuti appraisal. He indicated he was not going forward with that FOI request. Mr. Board stated that Mike Venuti has said everything is on the table, the price is negotiable, they would trade off some property for the Bosco property and would put some fields on the property as part of the deal. Mr. Board noted the Town's elected officials should do the right thing and sit down with the Venutis.

Peter Venuti noted it is a shame to see how this is going. The two selectmen sat down with Michael Venuti on January 24 th and nothing has happened since. The taxpayers are getting the bad end of the stick. Town business has got to be discussed and taken care of. Money is being wasted on lawsuits.

Mrs. Boulet noted the presentation on January 24 th was to make sure everyone was on the same page. At this point the Venutis have heard nothing since that date. There has been enormous activity on the property, but the Venutis really would like to sell it to the Town. Mrs. Boulet reiterated for the record the Venutis are willing to negotiate. It is the Town that is not negotiating with the Venutis.

Selectman Annino noted the Board is going to set up a meeting on this matter.

5. Budget Approval

Motion by First Selectman Denvir to approve the 2005/2006 Budget as completed and submitted, including the decision to not fund the PAYT Committee as a standing committee. Voting in favor - Annino, Denvir, Dudek. Opposed - none. Motion Carried.

6. Library Window

First Selectman Denvir noted Mrs. Tunney was attempting to get some information on the replacement of the Marvin window. The cost is still undetermined except for the labor cost which would be $1000. Mr. Denvir indicated Marvin is only willing to replace the top part of the window where it is corroding. They are not offering to replace the whole window. It is only a question of time before the rest of the sealing compound deteriorates. Mr. Titcomb suggested replacing the whole window at a cost of $1800 including labor and materials. Motion by Selectman Annino to approve the replacement of the whole window at the library as opposed to just the top of the window. Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried.

7. New Business

1. Bethke/Update

Eric Auer gave an update on the proposed field for the Bethke Road property. He reviewed the testing that has been done. He indicated he tried to set the field within the regulations so as not to ask for anything extra. This does fit nicely within the regulations. It is more than enough to support what is needed on this site. Nothing will be disturbed with regard to the old dump. The engineering firm of Jacobson & Associates has been testing this site since 1987 and there has been no change since then. A representative from the Connecticut Agricultural Experimental Station came out and tested for heavy metals and anything obnoxious. Mr. Auer noted he is waiting for paperwork from that representative indicating nothing was found. Mr. Auer reviewed in detail the available parking. A meeting was held on the 26 th where about 50 residents showed up. Ten or twelve people were for it and the balance of people were against. Most of those against it lived in the neighborhood. Mr. Auer indicated he has had a lot of support for this project.

Mr. Auer noted the major item here is not to disturb the property too much. This is just going to be a neighborhood little league practice field. It is not going to be a complex. In the future if it is not needed, it could be disassembled very quickly.

It was noted the next step is to show the Wetlands Commission that this will fit and to work out details with Planning & Zoning about the transfer of property from the Land Trust to the Town. This would be done as a municipal improvement.

Mr. Auer noted everybody in Town has been very cooperative and helpful.

First Selectman Denvir thanked Mr. Auer for his efforts and hoped the Board would approve it to go to Town Meeting and get funding. Mr. Auer indicated he would like the Board's nod to proceed further and go to the Board of Finance. Mr. Denvir noted there is a question as to whether this Board can approve an appropriation in advance of ownership of the property. It was also noted that any appropriation would be contingent upon acceptance at Town Meeting.

Mr. Denvir noted he was happy to endorse this project. Mr. Dudek noted he also endorses the project. This would be for the little kids practice field vs. adults and it could be put back to its original condition if necessary. Mr. Dudek noted his concern was more with the parents and how they park. He urged Mr. Auer to keep going forward. Mr. Annino noted he concurred with the other two selectmen and also urged Mr. Auer to move forward.

Mr. Auer briefly reviewed visibility for traffic on the road. He noted the local fields are coming back. He indicated he has gotten overwhelming support in this Town for this project and will keep going forward.

2. Fee Reimbursement/Lot 17 Lower Ledge Subdivision

Motion by Selectman Annino to return $2,394 of the $2,900 building fees for permit application for project that was not completed regarding Lot 17 Lower Ledge Subdivision. Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried.

3. Status - Bosco Farm House

Selectman Annino noted the Historical Society had some concerns with regard to the building.

Peter Venuti asked why the building is referred to in a number of different ways - Bosco House or Parmelee House. Is this to confuse people? He asked why the taxpayers can't use the property if the taxpayers are paying for it. There is a gate on it with no trespassing signage.

There was a brief discussion regarding liability. Mr. Denvir noted there are no trails or established parking so it is not appropriate to have people on the property yet. Plans for the building, parking and landscaping can all be discussed in the future.

Mr. Auer noted he was working on Bosco plans as well for two soccer fields and possibly a third. There would be driveway improvements. He also noted the Historical Society would have to decide what it wanted to do with the building.

There was discussion about whether the gate could be opened in the morning and closed at night, but the question came up what happens if there is still a car in there when the gate is closed.

4. Auth. Town Meeting for Road Acceptance: Buell Hill Road, Beaver Dam Road and Rachel's Court

First Selectman Denvir noted the Board has received approval from Planning & Zoning to accept Buell Hill Road and Beaver Dam Road, but has not yet received approval for Rachel's Court. Motion by First Selectman Denvir to call a Town Meeting at his discretion (date not chosen yet) for the acceptance of Buell Hill Road and Beaver Dam Road, and if Rachel's Court has been approved in the meantime by the Planning & Zoning Commission for referral to the Board of Selectmen for acceptance, that also can be added to the Town Meeting Agenda. SO VOTED.

8. DLD Announcements - none.

9. Selectmen's Concerns

Selectman Annino asked about the Water Company appointment and asked that this be put on the next meeting agenda.

Selectman Dudek noted he was asked in January whether the Fire Department wanted to participate in the Nerve Agent Antidote Program. He indicated the emergency services does not want to participate in the program and understands the risk by not doing so. He asked that First Selectman Denvir sign the form indicating the Town of Killingworth would not be participating. Selectman Dudek explained that to participate would be very burdensome for the department.

 

Selectman Dudek noted he received a letter from the PAYT Committee and asked when the Board was going to meet with the Committee to review its report in detail. The PAYT Committee meets on the second Thursday of every month. It was decided the Board of Selectmen would meet with the PAYT Committee at their April 14th meeting at 7:30 PM.

10. Executive Session: Land Negotiations

Motion by First Selectman Denvir to go into Executive Session at 8:24 PM to discuss land negotiations. Voting in favor - Denvir, Dudek, Annino. Opposed - none. Motion Carried. Motion by Selectman Annino, second by Selectman Dudek, to come out of Executive Session at 8:34 PM. Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried. No votes were taken.

11. Adjournment

Motion by Selectman Dudek, second by Selectman Annino, to adjourn at 8:35 PM. Voting in favor - Dudek, Annino, Denvir. Opposed - none. Motion Carried.

 

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MINUTES of the
REGULAR MEETING of the BOARD OF SELECTMEN
January 24, 2005

1. Call to Order

The Killingworth Board of Selectmen held its regular meeting on Monday, January 24, 2005, at the Killingworth Town Office Building, 323 Route 81, Killingworth. In attendance were Selectman Louis Annino and Selectman Fred Dudek. First Selectman Denvir was absent due to illness. Selectman Annino called the meeting to order at 7:00 PM .

The Pledge of Allegiance was recited.

2. Approval of Minutes

Motion by Selectman Dudek, second by Selectman Annino, to approve the January 10, 2005 Minutes amended as follows -

  • Page 5, under 7.3, add to 1 st paragraph, "Mr. Denvir stated his work was done and he has submitted his final bill."

Discussion followed. Selectman Annino noted he cautioned the Board of Finance that the word salary should be interpreted more broadly than it was in this instance. It is not a good idea in the future for any member of the Board of Finance to work for a paycheck. Selectman Dudek noted that was examined and it was taken as the letter of the law with regard to "salaried town office." Selectman Annino noted this should probably be a revision to the Town Charter so there won't be any question in the future.

Voting in favor - Dudek, Annino. Opposed - none. Motion Carried.

3. Visitors

Visitors present included Ruth Patrick, Richard Cabral, Jere Adametz, Mike Board, Jim Thompsen, Peg Scofield, Shannon OCork, Charles Stannard and a couple of other interested citizens.

Jim Thompsen noted he sent a list of items that he thought should be responded to from the Board of Selectmen, but as the First Selectman was not present he would defer to the next meeting. He asked if written authorization was given to Eric Auer to move forward with his proposal for the playing fields. Selectman Dudek noted he has been given a verbal okay to move forward. Mr. Auer indicated at the last meeting he would do so until the point where he needed dollars. Mr. Thompsen noted Mr. Auer should be subsidized by the community to carry out this project, and should be protected by the normal protection afforded anyone working for the Town of Killingworth . Mr. Thompsen questioned whether Mr. Auer (and others) were covered for liability in the event of an injury. Selectman Dudek recommended this be passed along to First Selectman Denvir and Eric Auer and if Mr. Auer desires this coverage, he should come to the Board of Selectmen. Selectman Dudek noted he believed Land Trust property is open for the public to walk on, but wasn't sure what happens once machinery is put on the property.

Jim Thompsen noted the reassessment has been put off for a year. He asked if this had been in the paper. Ms. OCork noted Mr. Fisher had an article which was subsequently picked up by The Clinton Recorder.

Jim Thompsen asked about the status of the Veterans' Exemption. Selectman Annino noted this would be coming up soon for a Town Meeting.

Richard Cabral, Board of Education Liaison, noted the Community Input Meeting scheduled for January 19 th had been cancelled due to inclement weather. It has been rescheduled for Monday, January 31 st, at 7:00 PM at the High School Lower Media Center. This meeting relates to the operating budget.

Richard Cabral noted all the Building Committee meetings are open to the public and the public is allowed to ask questions. Some questions can be answered at the meeting and others may have to be researched before they are responded to. Mr. Cabral reiterated all meetings are open and the public is invited to ask questions. Selectman Annino thanked Mr. Cabral for his immediate response to that question.

4. Tax Abatements and Refunds

$2,038.07 Wells Fargo Duplicate Payment

Motion by Selectman Dudek, second by Selectman Annino, to pay the above mentioned tax refund. Voting in favor - Dudek, Annino. Opposed - none. Motion Carried.

5. Appointments & Vacancies

1. KLA Board

Selectman Annino noted there is still an opening on the Killingworth Library Board.

2. Public Health Agency/A. Andrews

Selectman Annino noted last month it was mentioned A. Andrews was interested in serving on the Public Health Agency. Motion by Selectman Annino, second by Selectman Dudek, to appoint A. Andrews to the Public Health Agency. Voting in favor - Annino, Dudek. Opposed - none. Motion Carried.

3. T. Gannon - Ec. Dev., R. Bousquet - OEM, J. Boccia & R. Wigham - Pub. Health

Selectman Annino noted these individuals were reappointed, but had failed to get sworn in within the required amount of time. Motion by Selectman Dudek, second by Selectman Annino, to reappoint T. Gannon to Economic Development, R. Bousquet to Office of Emergency Management, and J. Boccia & R. Wigham to Public Health Agency. Voting in favor - Dudek, Annino. Opposed - none. Motion Carried.

6. Old Business

a. Computer Upgrade/Update

Selectman Annino noted the Board wasn't too sure about the status of this item without the presence of the First Selectman. Selectman Dudek asked Ms. Patrick if she had everything she needed. Her reply was no. Ms. Patrick noted the employees have no idea who to ask questions of or whether there is an IT person yet. They are completely in the dark and would like to get some answers. Selectman Dudek noted he received a copy of a letter from Fuss & O'Neill to First Selectman Denvir regarding maintenance and what various levels of coverage would cost. He believed there was going to be an IT person at some point in time. Selectmen Annino and Dudek should discuss this issue with First Selectman Denvir. Selectman Annino noted this Board should be prepared to discuss this matter and sign or reject a maintenance agreement at the next meeting. It was agreed Selectman Dudek will contact Mr. Denvir to discuss this and follow up. He will then contact Ms. Patrick by the end of the week.

b. Pension Plan Update

Selectman Annino noted nothing has changed since the last meeting. Interviews for administrators were going to take place, but it is not known whether First Selectman Denvir has done anything with regard to this matter.

c. 660 Route 81

Ruth Patrick noted this is an item she would like to see resolved. Letters went out in September and October to adjoining property owners to see if there was any interest in purchasing this property, but nothing has transpired since that time.

d. AFSCME Contract

Selectman Annino noted it was his understanding there was a new contract, but he hasn't seen it. The original contract had a misprint in it. It was noted the contract automatically becomes effective after 45 days.

7. New Business

a. Set Budget Meeting Dates

It wa