MINUTES
of the
REGULAR MEETING of the BOARD OF SELECTMEN
December 27 , 2004
1. Call to Order
The Killingworth Board of Selectmen held
its regular meeting on Monday, December 27, 2004, 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 December 16, 2004 Minutes
The December 16 th Minutes were tabled
until the next meeting.
3. Visitors
Michael Board reviewed correspondence
and a recent newspaper article regarding the upcoming construction of
the new Middle School in Killingworth. Selectman Annino noted he was
concerned about the deletions from the plan and wanted to know if the
School Board was aware of it. The Haddam and Killingworth townspeople
should also be aware of these things. He further noted he would be derelict
if he didn't support Mr. Board's efforts to find out what is going on.
If the School Board and the townspeople are not concerned, then that's
fine. He asked if a meeting could be set up that Selectmen Annino and
Dudek could attend. First Selectman Denvir noted that when the townspeople
approved this project back in 2003, this kind of construction detail
was not available. It was a general concept and general floor plan.
He felt that it was disingenuous to say that the taxpayers are being
taken advantage of because something was deleted that may not have even
been on the table when the voters approved it. To conclude that it is
now a deletion is not accurate. Mr. Denvir further noted that some of
this may be a result of the delays incurred and an increase in costs.
There is a legitimate concern that the townspeople may be getting a
lesser project then originally thought and that question should be answered.
Mr. Board noted the townspeople have a right to accountable answers
and the truth. First Selectman Denvir asked Richard Cabral what he knew
about this. Mr. Cabral gave a brief update of what he was aware of.
It was also noted that Superintendent Mala has indicated that in the
future there will be a liaison from the Board of Education coming to
the Board of Selectmen meetings. Mr. Cabral noted that would start with
the January 10, 2005 meeting. Selectman Annino asked whether the proper
permits have actually been issued for the school and would like an answer
to that question. First Selectman Denvir noted it was his understanding
the applicant had to go back to the Wetlands Commission for a modification
regarding the drilling of the wells. Selectman Dudek noted there are
deletions and additions on any large-scale project. He indicated there
was no fire protection plan per se when the school was voted on. That
was an add on after the fact. Mr. Cabral noted he was going to be the
BOE liaison and he would endeavor to get an answer to the question of
deletions for the January 10 th meeting. Selectman Annino also wanted
to have an answer to the question of who would pay the monies already
spent if the project is never built.
4. Tax Abatements & Refunds
$ 236.02 Timothy Elliott Traded Motor
Vehicle
Motion by First Selectman Denvir to approve
and pay the tax abatement/refund as reviewed. Voting in favor - Denvir,
Dudek, Annino. Opposed - none. Motion Carried.
5. Appointments/Vacancies
First Selectman Denvir reminded everyone
there is still a vacancy on the Zoning Board of Appeals as a result
of the resignation by Susan Anielski. He indicated two names had been
left off the 2005 Appointment List acted upon on December 16 th. Motion
by First Selectman Denvir, second by Selectman Annino, to reappoint
John Amport and Peter Venuti to the PAYT Committee. Voting in favor
- Denvir, Annino, Dudek. Opposed - none. Motion Carried.
6. Old Business
1. Rec. Field Committee
First Selectman Denvir noted a total of
9 individuals have come forward and asked to be appointed to the Rec.
Field Committee. Mr. Denvir noted the proposed charge to the Committee
would be to find the most economical and expeditious way to improve
the recreational facilities in the Town of Killingworth , including
but not limited to playing fields, with immediate emphasis on playing
fields and short term gains. Mr. Denvir further noted that the keeping
of minutes, agendas, etc. would not be required since it is not a standing
committee and it has no authority to bind the Town in any capacity.
A time limit for submitting a report was reviewed. Mrs. Patrick noted
she felt the Minutes of meetings are a very helpful tool. Selectman
Annino agreed with that observation. Motion by Selectman Annino,
second by Selectman Dudek, to expand the Rec. Field Committee to eleven
members and to appoint Ed Sipples, Ed Cornell, Gary Mala, Qwenne Lally,
Robert Aft, Robert Artist, William Holt, John Machold, Hilary Kumnick,
Michael Board and Jim Thompson. Discussion followed. First
Selectman Denvir noted he would change the charge to allow the Committee
to decide what it wants to do about Minutes, and a deadline for feedback
of six months for short term solutions and 12 months for long term solutions.
Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion
Carried.
2. Pension Plan Update
First Selectman Denvir noted there is
nothing new to report. The same 3 organizations have expressed interest,
and only 2 of the 3 have actually requested and/or received the packet
of information. At the last meeting the Board agreed to give all interested
parties until December 31 st to come forward.
3. Animal Control Vehicle
Motion by First Selectman Denvir,
second by Selectman Annino, that he be authorized to go before the Board
of Finance to request $6000 for the purchase of the new Animal Control
Vehicle. Discussion followed. Mr. Denvir noted the Board of
Finance is prepared to call an emergency meeting if necessary to approve
this matter. Selectman Dudek noted that Mr. Ward has indicated the vehicle
meets all the requirements. Voting in favor - Denvir, Dudek,
Annino. Opposed - none. Motion Carried.
7. New Business
1. Sand Bids
First Selectman Denvir noted this item
was discussed at the last meeting but no action was taken. There were
two companies that bid $13.00 and $13.20 per yard but neither company
has the capacity to supply the entire amount needed. Mr. Ward would
like to use the two companies and lock them in at this particular price
and use whatever amounts of sand he can get from each one. There was
some confusion regarding the price as one bidder submitted a bid per
ton and the other two submitted bids per yard. Mr. Ward will be asked
to come to the next meeting to clarify the situation. Selectman Annino
reiterated the Town should be looking at a source of native sand.
8. DLD Announcements
Correspondence was received from the Haddam
Board of Selectmen indicating they are trying to put together a program
where BOS members meet with some students at the high/middle schools.
Anyone interested should contact First Selectman Denvir.
First Selectman Denvir also noted the
Council of Small Towns Annual Dinner is coming up and if anyone wishes
to attend, please let him know.
9. Selectmen's Concerns
Selectman Dudek reiterated he would like
to see the sand bids come in either per yard or per ton in order to
properly compare the price.
10. Executive Session
Motion by First Selectman Denvir
to go into Executive Session at 7:52 PM for the purpose of Land Negotiations
and Labor Contracts. 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 8:30 PM . Voting
in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried. No
action was taken.
11. Adjournment
Motion by Selectman Annino, second by Selectman
Dudek, to adjourn at 8:31 PM. Voting in favor - Annino, Dudek, Denvir.
Opposed - none. Motion Carried.
TOP
MINUTES of the
REGULAR MEETING of the BOARD OF SELECTMEN
December 16 , 2004
1. Call to Order
The Killingworth Board of Selectmen held
a special meeting on Thursday, December 16, 2004, 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 November 22,
2004
Motion by Selectman Annino, second by
Selectman Dudek, to approve the November 22, 2004 Minutes as written.
Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried.
3. Visitors
Steve Hollander and Amy Perry from the
PAYT Committee were present. Amy asked if the transfer station could
be open longer hours on Tuesday and Thursday seeing as how Christmas
falls on a Saturday. If this could be approved this evening, a letter
could be prepared and handled out at the transfer station on Saturday
notifying citizens of the longer hours. She also noted the letter should
contain a statement about bringing cardboard in a little at a time so
as not to overwhelm the cardboard container. Mr. Ward noted there was
no harm in trying this, however, he pointed out there is an issue of
getting rid of it on the other end in Essex . The suggested hours were
reviewed. First Selectman Denvir didn't know that an extra hour is going
to get people to go on Tuesday. Mr. Denvir commended the PAYT Committee
for being a watch dog on this matter as they weren't asked to do this.
The Board suggested the transfer station just be left open an extra
hour if there are people there, rather than advertising that it will
be open for another hour. There was a brief discussion regarding traffic
through the transfer station. It was agreed that Mr. Ward will advise
personnel at the transfer station that on Tuesday, December 28 th and
January 4 th, the station will remain open an hour longer if the need
is there. It was also suggested Thursdays be included for those two
weeks.
Ms. Perry also asked if the PAYT Committee
could get $175.00 to print up its final report. First Selectman Denvir
noted there is a budgeted line item called Committee Support so it will
come out of there.
Donna Shanoff noted she was present again
with a revaluation update. She indicated she didn't have anything new
to add from the last meeting. Selectman Dudek noted he did not have
any further questions. Selectman Annino noted it was his understanding
it would be easier to get this done during 2006 than 2005. Motion by
Selectman Annino, second by Selectman Dudek, to go ahead with the recommendations
of Donna Shanoff to postpone the revaluation for the October 1, 2005
Grand List to October 1, 2006 Grand List. Voting in favor - Annino,
Dudek, Denvir. Opposed - none. Motion Carried.
Derrick Schull was present on behalf of
the Land Use Committee. He noted their charge relative to the Recreation
Complex has come to an end and asked if there is any further charge
for that property. First Selectman Denvir noted this was not an agenda
item so the Board can't really take action on it. He did note the last
set of minutes from the Land Use Committee did state its concern with
regard to its role.
Michael Board suggested the Town of Killingworth
might want to have a Land Acquisition Committee to see what is available
and report back to the Finance Board.
Peter Venuti reviewed plowing on a brand
new road in Town where the plow dug up the road. Mr. Ward noted this
was the result of a brand new plow (Town of Haddam ) that had gouged
the road. He noted they would take care of it in the spring.
4. Tax Abatements & Refunds
$ 32.74 Thomas Adinolfi Traded Motor Vehicle
$ 8.43 David J. Miller Donated Motor Vehicle
$186.00 Gene or Joanna Gianini Overpayment
$ 13.53 Joan D. Pesapane Junked Motor
Vehicle
$ 61.04 Tia Manzi Junked Motor Vehicle
Motion by Selectman Annino, second
by Selectman Dudek, to pay tax abatements and refunds as reviewed.
Discussion followed. Selectman Annino noted he has talked with other
tax collectors in local towns who fill out this paperwork, but the matter
does not then go to the Board of Selectmen. It is handled either by
a Business Manager (if there is one) or the Board of Finance.
Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried.
5. Appointments and Vacancies
First Selectman Denvir noted he has finally
talked with Tom Keyes who would be delighted to serve on the Conservation
Commission. Motion by First Selectman Denvir, second by Selectman
Annino, to appoint Tom Keyes to the Conservation Commission. Voting
in favor - Denvir, Annino, Dudek. Opposed - none. Motion Carried.
First Selectman Denvir noted Susan Anielski
has resigned from the Zoning Board of Appeals.
The 2005 Appointment List was reviewed.
First Selectman Denvir explained this list was for reappointments for
next year. Motion by First Selectman Denvir to reappoint those
individuals shown on the 2005 Appointment List to commence January 1,
2005 . Discussion followed. It was noted Peter Venuti and
John Amport, reappointments on the PAYT Committee, were left off the
list and will be voted on at the next meeting. Voting in favor
- Denvir, Annino, Dudek. Opposed - none. Motion Carried.
6. Old Business
1. Pension Update
First Selectman Denvir noted he has been
having problems getting in touch with Mr. Gould at Banknorth. He indicated
several solicitations were sent out and a few have responded. So far
Banknorth is the only one that has requested any of the documents. First
Selectman Denvir felt it was worthwhile to wait a reasonable amount
of time to let the rest of the companies respond. Selectman Dudek asked
what a reasonable amount of time would be. First Selectman Denvir suggested
a time limit be set as well as a decision on how the interviews should
be done. Discussion ensued. Anyone who has requested a package by December
31 st will be considered and the process will move forward after that
date.
2. Town Hall Computer Update
First Selectman Denvir noted the computer
update is on schedule. A domain name is being obtained for the Town
of Killingworth . Each individual workstation will then have its own
email address. There was some discussion regarding the computer liaison
person. Selectman Annino asked if there was any conflict as that individual
is on the Board of Finance. Ms. Patrick noted the Charter states this
is a conflict. First Selectman Denvir noted he would have to look at
the Charter to review this matter.
3. Lover's Lane - H. Pfrommer/J. Ward
Mr. Pfrommer noted he was asked to look
at some options for Lover's Lane. He indicated Lover's Lane runs across
a peat bog. There have been a series of investigations and borings.
He briefly reviewed the options that were put forth last February. One
realistic option would be to place large diameter pipes across the roadway
buried about 2 feet below the surface of the roadway. A second option
would be a permanent bridge at the point where there actually was a
bridge years ago. It would be a timber bridge of a span of about 20
feet capable of handling of 100 year storm with one foot of under clearance
under the bridge. Mr. Pfrommer noted the cost of the 5 pipes would be
$53,000 and the bridge would be $183,000 using 2005 construction costs.
The Town itself could probably do the pipes. Mr. Ward noted the bridge
would handle 300 cubic feet of water a second and the pipes are capable
of 50. Increasing the pipes to 10 would increase the capacity to 100
cubic feet. Discussion ensued. There was discussion as to whether there
would be any funding available for this work. First Selectman Denvir
indicated he was told by CRERPA there is no longer any State funds available
for rural collector roads. The State would actually have to make a determination
if it was important in relationship to the traffic patterns to qualify.
Mr. Denvir noted the LOCIP funds could be used for the pipe work. Bonding
was reviewed. There was discussion about going before the Inland Wetlands
Commission for approval to do this work. It was agreed the IWWC will
be asked for approval to cut the trench and install 6 or 7 pipes to
accommodate a 2 year storm.
4. Veterans Tax Exemption
First Selectman Denvir noted he obtained
sample copies of the Towns of Middlefield and Durham Veterans Tax Exemption
for review. Selectman Annino noted the Town of Orange recently adopted
a Veterans Tax Exemption. He felt this should be included in next year's
budget. Motion by Selectman Annino, second by Selectman Dudek,
that the First Selectman draft an Ordinance for approval by the Town
Attorney for the Veterans Tax Exemption to go to Town Meeting.
Discussion followed. It was agreed the amount would be up to $10,000.
First Selectman Denvir reviewed statistics he obtained at a recent meeting
regarding economics, education and baby boomers. Voting in
favor - Denvir, Annino, Dudek. Opposed - none. Motion Carried.
5. Committee Charge for Rec Fields
Selectmen Annino and Dudek noted there
were 3 ad hoc committees working on this subject. One group is looking
to put fields on property already owned. Another group is trying to
do something with the Venuti family to do something. Another group is
trying to get the First Selectman and the Venuti family together to
talk about land negotiation. Selectman Dudek noted they came up with
a committee charge that would allow a committee to identify parcels
of town owned land and investigate utilization of town owned land, contiguous
and non-contiguous for the purpose of installing playing fields. This
could be as simple as leveling a piece of land with a bulldozer like
the old days to give the children something to play on. Secondarily,
the committee could look at purchasing additional parcels, single or
multiple, for the purpose of economical installation of playing fields.
The committee shall make recommendations to the Board of Selectmen.
Selectman Dudek noted they did not discuss who should be on the committee
or the size of the committee. There should be a good honest diversity
in the group in order to come up with a document similar with the Pharmedica
Report. Selectman Annino noted there was some concern on some members
on the Land Use Committee that they are being jettisoned, but those
individuals are welcome to serve on any new committee that might be
established. Anyone interested should notify the Selectmen's Office.
First Selectman Denvir noted there are committees already in place and
wondered if it would be better to just hold joint meetings to review
this matter. He was also concerned about the vision of the Town and
the fact the Pharmedica report did not include vision. Selectman Dudek
noted he disagreed with that statement in that the report did include
size and growth of the Town. First Selectman Denvir noted his concern
was that the committee could focus too much on economics and not put
forth a recommendation based on need. Selectman Dudek noted he understood
that but felt the townspeople should be given more credit. Mr. Denvir
felt the details should be worked out some more and the charge should
be a little more specific. Selectman Dudek noted the Town doesn't have
any vision. It should be looking at 15 to 20 years in the future with
a strategic plan. This will be discussed further at the next meeting.
6. Bids for Sand
Jim Ward noted 3 bids were received for
sand. The price went from $9.50 up to $13.00 a yard and the quality
of the sand isn't that good. Mr. Ward noted that for years the towns
all had their own sand and gravel pit, but the towns have gotten away
from that and sand has become a real issue. He indicated sand is hard
to find and what is out there isn't good. There are a couple of properties
in town that might possibly be a source of sand for the Town of Killingworth
if the Town would acquire those properties. Mr. Ward noted his recommendation
at this time was to do nothing with regard to the sand bids.
7. AFSCME Contract
First Selectman Denvir noted the Selectmen
have had an opportunity to review the AFSCME Contract and asked what
the Board wanted to do. Motion by First Selectman Denvir, second by
Selectman Dudek, to approve and ratify the AFSCME Contract and Mr. Denvir
be authorized to sign on behalf of the Board. Voting in favor - Dudek,
Denvir, Annino. Opposed - none. Motion Carried.
7. New Business
1. Sand/Gravel Supply/Town of Killingworth
Discussed earlier under Old Business.
2. Alders Bridge Road Access to Route
81
Selectman Annino asked what the status
was of the Alders Bridge Road Access. Mr. Ward noted they need to get
a survey map of the triangle and then it must be staked out. A plan
then must be submitted to the DOT. Mr. Ward will discuss this matter
further with First Selectman Denvir.
3. Transfer Station Hours/PAYT
Discussed earlier in the meeting.
4. New Haven Area Special Hazards Team
Selectman Dudek reviewed the New Haven
Area Special Hazards Team that is funded through Homeland Security.
New Haven is the closest team to us. The Town of Killingworth has no
expertise in this area. There is no cost involved. The Fire Company
has agreed to sign it. Selectman Dudek asked First Selectman Denvir
to look over the By-Laws and this can be discussed at a future meeting.
5. Re-valuation Update
Discussed earlier in the meeting.
8. DLD Announcements
First Selectman Denvir noted his instructions
to Mr. Titcomb regarding the Library were to tell the Town how to fix
the leak so the Town can get it fixed. He was waiting for a written
proposal. The Town is not interested in a 3 or 4 year fix. It needs
to be fixed long term.
First Selectman Denvir noted the Board
of Selectmen has been invited to the Annual Meeting of the Council of
Small Towns where they set their legislative agenda and discuss various
issues facing the communities. The meeting is January 20 th at the Radisson
Hotel and Conference Center . If either Selectman Dudek or Annino wish
to attend, please let Mr. Denvir know as soon as possible.
First Selectman Denvir noted one of the
Town's voting machines will be at the Library on December 27 th to expose
the younger students to voting machines. This is part of the Nutmeg
Children's Book Award.
First Selectman Denvir reminded everyone
this Board authorized the retirement of the Animal Control vehicle.
Mr. Board and others have located one that meets the State's requirements.
It is a 4 wheel drive vehicle. The Board of Finance is prepared to call
a special meeting to approve the purchase if the Board of Selectmen
approve. The consensus was to purchase the vehicle, but an official
motion could not be voted on as this item was not on the agenda.
9. Selectmen's Concerns
There was a brief discussion regarding
the cost of cold patch for the roads.
10. Adjournment
Motion by First Selectman Denvir to adjourn.
Voting in favor - Denvir, Annino, Dudek. Opposed - none. Motion Carried.
TOP
MINUTES of the
REGULAR MEETING of the BOARD OF SELECTMEN
November22, 2004
1. Call to Order
The Killingworth Board of Selectmen held
its regular meeting on Monday, November 22, 2004, 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. Several visitors were present as was Recording Secretary
Judith Brown. First Selectman Denvir called the meeting to order at
7:00 PM.
The Pledge of Allegiance was recited.
2. Approval of Minutes from November 8,
2004 and Revision of October 25, 2004 Minutes
Motion by Selectman Annino to approve
the November 8, 2004 Minutes as written. Voting in favor - Annino, Denvir.
Opposed - none. Abstained - Dudek. Motion Carried. It was noted
a copy of Mr. Dudek's amendment to the November 8 th Minutes will be
attached to these Minutes as it was inadvertently not attached to the
prior set.
There was some discussion regarding the
accuracy of the October 25, 2004 Minutes as it pertained to the section
where First Selectman Denvir reviewed the process for hiring a pension
administrator. Ms. Patrick asked how the 10/25 Minutes can be changed
once they are already approved. Board members reviewed the 10/25 Minutes
and it was agreed to make the following corrections -
Motion by First Selectman Denvir
to approve a revision to the October 25, 2004 Minutes with the following
corrections -
- Page 1, under 3. 3 rd paragraph, change
4 th sentence to read "First Selectman Denvir noted Mr. Kneale sent
the Town a list of 4 administrators and they will start interviewing
soon."
- Page 2, 1 st paragraph, correct a typo
in 3 rd sentence "An Act of Congress."
Voting in favor - Annino, Denvir,
Dudek. Opposed - none. Motion Carried.
3. Visitors
Several visitors were present - Mike Board,
Ed Sipples, Jim Thomsen, Richard Cabral, Ruth Patrick, Donna Shanoff,
Peter Venuti, Linda Venuti, Jere Adametz, Peg Scofield, C. Stannard,
S. OCork and S. Fisher.
Ms. Patrick asked if there was a pension
administrator yet. First Selectman Denvir replied no. Ms. Patrick asked
if there was a time frame for doing so. First Selectman Denvir replied
the time frame has not changed and he hoped anyone who wished to receive
a package regarding the pension administrator would do so within 30
days of October 25 th.
Ms. Shanoff noted she submitted a letter
regarding the revaluation at the last meeting and was asked to come
back with further information. Ms. Shanoff briefly reviewed legislative
changes from Public Act 04-02 enacted this past summer. Section 32A
of that Act states that the Towns scheduled to have revaluations in
2003, 2004 and 2005 could decide not to implement the revaluations until
2006. This decision not to implement the revaluations would have to
be approved by the legislative body of such town, or in a town where
the legislative body is a Town Meeting, the Board of Selectmen. Ms.
Shanoff then reviewed the requirements for statistical and physical
inspections of property. She indicated the Secretary of OPM must provide
a report to Finance, Revenue and Bonding by January 2005 on what these
changes have done to the revaluation schedules. Ms. Shanoff summarized
the results of a survey sent by OPM to the Town Assessors indicating
what percentage of towns are eligible to postpone and how many are actually
postponing. Ms. Shanoff noted a new computer system will be installed
in the Assessor's Office that will require training for staff. There
will also probably be a new software program that will require staff
training. Ms. Shanoff noted it was her hope the Board of Selectmen would
choose to defer the revaluation until October 1, 2006. Selectman Annino
noted he would like to put this on the next meeting agenda for a vote.
There was discussion regarding standards for the statistical revaluation.
She also reviewed physical inspections. Standards and definitions will
be decided in January 2005 after the report is prepared and submitted
to OPM. Ms. Shanoff reiterated she was recommending deferral until October
1, 2006. There are 47 towns already committed to 2005 and that all these
towns will be competing for revaluation contracts. First Selectman Denvir
asked Ms. Shanoff if she thought there would be any problem getting
companies to do revaluations in 2006. Ms. Shanoff noted there probably
will be a problem in 2005, but she didn't expect there would be one
in 2006. There are 47 committed to 2005 and 20 (17 of which have already
committed) to 2006. The pricing for 2005 is most likely higher because
of the number of towns competing to do the revaluations. First Selectman
Denvir asked Ms. Shanoff if she could shop some of the companies to
see if the Town can get locked in now. Ms. Shanoff noted the companies
won't bid unless there are specifics of software and networking. Those
things must be in place before the bids can go out. Ms. Shanoff noted
that program is not going to be installed in the Assessor's Office until
March 2005. Selectman Annino reiterated he would like to see this put
on the next meeting agenda for a vote.
Michael Board submitted a letter regarding
various issues that he read into the record dated November 22, 2004.
Selectman Annino asked who told Attorney Howard to respond to this.
He thought this Board had agreed this would not be done. First Selectman
Denvir noted he didn't recall any such agreement that this was not going
to be done. Mr. Denvir sent Attorney Howard a copy of the Complaint
and he (Howard) filed his Appearance on the matter. Mr. Denvir also
stated this Board has had many discussions and had voted not to release
the appraisal. Selectman Annino noted negotiations have been ceased,
and asked why the appraisal is being hidden. He reiterated the negotiations
are over and there is no reason to do so. Selectman Dudek asked if in
fact negotiations were over. First Selectman Denvir reviewed the sequence
of events in terms of the Town's offer going back to mid-April. He indicated
3 offers were made and none of those offers were met. Selectman Dudek
asked if the option to meet was still open. Mr. Denvir replied yes except
for one exception that must be discussed in Executive Session. Selectman
Annino noted the referendum vote has changed a lot of things. He indicated
for the record that too many things are not getting done. There is nothing
to be gained by the Board keeping that appraisal locked up in the attorney's
file. Mr. Denvir stated this was a discussion for Executive Session.
Selectman Annino noted he was concerned about spending monies for the
Town to defend the FOI Complaint.
Peter Venuti clarified for the record that
the email mentioned by First Selectman Denvir to his wife, Linda, had
nothing to do with the negotiations. Mr. Denvir indicated he didn't
suggest that it did. He pointed out that he has made 3 offers to the
family and he wondered why a family spokesman has said that he refused
to negotiate.
Peter Venuti asked whether there should
be a committee to do a study of Lover's Lane. He indicated the water
has risen early this year and the road is closed. Even the Route 148
side water has backed up. First Selectman Denvir noted the Town's engineers
have prepared the topographical and wetlands maps necessary for an application
to the Wetlands Commission. The Wetlands Commission should hear this
within a month or two.
Peter Venuti asked about the Reservoir
Road Bridge project. He noted Mr. Denvir had stated the Town's cost
would be $125,000, but if the Federal program was used it would be $175,000.
He asked what the actual Federal cost would be. Mr. Denvir noted the
$175,000 was 20 percent of the actual cost. Jim Ward noted the total
Federal cost would be $877,000. Mr. Venuti asked why the Town would
go with the Federal program when it would cost 8 times more. Mr. Denvir
replied the difference is the type of bridge and how many years it would
last. He indicated a decision will need to be made on this soon. The
two options are $120,000 for in-kind and $175,000 for the Federal program.
The installation of a temporary bridge supplied by the State would be
$35,000, compared to using a series of metal construction plates at
a cost of about $25,000. The other big difference in not using the Federal
program is that the bridge would only be closed half the time. Mr. Venuti
noted he has some information on box culverts that he will pass along
to Jim Ward.
Jim Ward noted the Town is getting a couple
of pieces of new equipment to replace old equipment. The normal procedure
is to place an ad in the paper to try and get rid of the old. He suggested
the Town contact Petrowski Auctioneers who has an auction coming up
in January. There are several other towns that have done this and gotten
a pretty good return. There is a sweeper, two six wheel trucks and a
pick up. Information will need to be supplied to the auctioneers by
mid-December. Mr. Denvir asked if there was any chance the Animal Control
Officer's vehicle could be swapped. Mr. Ward noted he had checked on
this, but also added that this vehicle should not be driven. Motion
by First Selectman Denvir that Jim Ward be permitted to price the old
vehicles, using his discretion, and authorize the submission for the
next auction, including the Animal Control Officer's vehicle. Voting
in favor - Denvir, Dudek, Annino. Opposed - none. Motion Carried.
Ed Sipples noted he would defer any comment
at this time.
Jim Thomsen noted he agreed with Mr. Board
regarding the citizens committee and hoped one could be established.
Mr. Thomsen reviewed the Bosco flyer noting that he thought it was prejudiced,
one sided and wasn't an independent piece of paper. It was very unfair
to those who were against the Bosco fields. He felt this should be looked
at again and sent to the State to determine if it was prejudicial. Mr.
Thomsen noted the document should have been written by someone other
than First Selectman Denvir. Selectman Dudek noted this was sent to
the State Elections Commission for examination. The maintenance cost
was mentioned. Mr. Thomsen said the architect indicated maintenance
would cost $84,000, but the document sent out stated $25,000. Selectman
Dudek noted it was $25,000 in addition to existing personnel. First
Selectman Denvir noted the $25,000 was in addition to what the Town
is already incurring. Selectman Annino noted the State does not rule
on the actual facts.
Jim Thomsen noted the Veterans Exemption
has been discussed for the last 3 years and he was very concerned this
has not been approved. Selectman Dudek noted he was confused as to what
was being discussed regarding this matter. Donna Shanoff explained there
are regular veterans benefits, additional veterans benefits and income
related veterans benefits. She further explained there is a local option
benefit voted on years ago that any Veteran with an income of $14,000
would get another $1,000. There is now an option to increase that to
a $10,000 benefit based on income below $33,000 (married) and $36,000
(single). There is also the local option of making the benefit 10 percent.
This must be approved at a Town Meeting. It was noted the Board of Finance
determined this would cost about $10,000 in tax revenues. There are
about 50 people eligible. Selectman Annino noted the Board should get
the information and recommend that this be done. This is the way to
support the veterans. Selectman Dudek noted he was in agreement. Mr.
Denvir noted he requested a copy of Middlefield's exemption and will
pass that along to Attorney Howard. Mr. Thomsen noted the Town of Durham
also has a veterans exemption.
5. Appointments/Vacancies
First Selectman Denvir noted there has
been a vacancy on the Conservation Commission for about six months.
The name of Tom Keyes has been recommended but Mr. Denvir noted he has
not heard from Mr. Keyes relative to his wishes to be on the Commission.
Motion by Selectman Annino to appoint Tom Keyes to the Conservation
Commission. A brief discussion followed. Selectman Annino withdrew his
motion.
6. Old Business
1. Lover's Lane
First Selectman Denvir reiterated the wetlands
application will be heard soon and hopefully acted upon.
2. Killingworth Recreation Center/Referendum
First Selectman Denvir noted he spoke with
David Stieger, Supervisor for the Land Acquisitions and Open Space Grants,
who indicated the $180,000 grant was still available. He explained if
the Town wanted to accept those funds, it would have to have another
Town Meeting to revisit the issue as it was originally voted not to
accept it. It is pretty clear now there will be no recreation complex
on that property. Mr. Denvir suggested the Town might be wise to include
RSD 17 in any discussions to look at their overall plans to see if this
is land they might need some day. First Selectman Denvir noted he would
pursue the $180,000 but there are some procedural issues. Should the
Town vote on something a second time? Should we contact Town Counsel?
Selectman Dudek noted if this was going to be dedicated to passive recreation,
then he would agree to go forward with the State with the option to
change the line. Selectman Annino suggested the Town say it wants to
rescind that vote because the recreation complex was defeated and there
is still the opportunity to go back and claim the $180,000 from the
State. Peter Venuti asked where the $180,000 would go. Selectman Dudek
noted he would anticipate it would offset the original cost of that
property. Selectman Annino asked if a group should be appointed to look
at this problem and come up with a recommendation to the Town for fields.
Selectman Dudek noted he was in agreement. He read the report on the
Pharmedica Building noting it was excellent and very well done. It addressed
every issue. First Selectman Denvir asked Selectmen Annino and Dudek
to come up with a proposed charge for such a committee and the Board
can go from there.
3. Reservoir Road Bridge
First Selectman Denvir reiterated this
will have to be voted on at some point in the near future. If a meeting
is deemed necessary with Mr. Pfrommer and Mr. Ward, it can be arranged.
4. Computer Installation Update
First Selectman Denvir noted more and more
work has been done. The bookkeeper's office has a new unit. Representatives
from Fuss & O'Neill will be in tomorrow to continue transferring
software.
5. Pension Updates
First Selectman Denvir noted he has been
attempting to reach Mr. Gould but has been unsuccessful. Selectman Dudek
noted they are ready to sign their document.
6. FOI/Venuti Appraisal
First Selectman Denvir suggested this item
be moved to Executive Session. Selectman Dudek asked about the FOI letter
indicating the request was partially denied. First Selectman Denvir
noted 3 or 4 out of the 7 items were easily complied with. Information
on two of the issues was not surrendered because State law specifically
excludes those items. Mr. Denvir noted he also contacted Tom Henick
from the FOIC and was told these documents did not have to be submitted.
7. New Business
1. AG Insurance Investigation
First Selectman Denvir noted the Town received
a copy of a letter from the Attorney General indicating Connecticut
is joining Attorney Generals in 5 other states to investigate insurance
practices. The Town will be releasing all requested information.
2. Veteran's Exemption
It was noted this was already discussed
earlier in the meeting.
8. DLD Announcements
First Selectman Denvir noted he received
a notice of a class action lawsuit also having to do with insurance
practices, but doesn't recognize any of the carriers. He felt this was
a mistake that the Town of Killingworth is on the list. However, a settlement
has been reached and the Town does not have to do anything to become
a part of the class action suit. The Town does have a right to object
to the settlement if it wanted to. Mr. Denvir stated he didn't have
any other information regarding this matter.
First Selectman Denvir noted he wrote to
the President of the Historical Society about a month ago relative to
the Bosco heat but has not had a response. The Board must make a decision
on where it would like to proceed with this matter. Mr. Denvir read
a letter from the Society of Preservation of New England Antiquities.
Selectman Annino suggested Mr. Denvir talk with the Historical Society
and maybe this Board should appoint a couple of people to be custodians
of the property. There ought to be a game plan and specific people responsible
for reviewing this and deciding what should be done with it.
9. Selectmen's Concerns
First Selectman Denvir noted the Town was
asked sometime ago to participate in a needs assessment study that was
going to be pricey and require a fair amount of work. After discussing
this with emergency services personnel, the Town declined it and didn't
want to burden the volunteers further. The needs assessment, however,
has been completed under a grant so in the event the Federal Government
should decide the Town is eligible for those funds, that has been completed.
Selectman Dudek noted there is also a State Fire Rescue Disaster Plan
that must be signed.
First Selectman Denvir noted the water
testing results have been received from the former land fill area on
Bethke Road. There was nothing negative.
First Selectman Denvir noted the statistics
are in for the Town's participation in the Household Hazardous Waste
Facility in Essex. There was a 5 percent turnout of residents.
First Selectman Denvir noted that in Selectman
Dudek's absence, December 23 rd was voted as the floating holiday. Having
reread the employment manual, it appears that all Town employees are
allowed to vote on this and not just the Town Office Building employees.
He is sending out a memo indicating that unless he hears differently
by December 1 st, that December 23 rd will be the floating holiday.
The manual indicates the employees will vote on or select by December
1 st. The memo indicates that the dump will still be open.
4. Tax Abatements & Refunds
The following tax abatements and refunds
were reviewed -
$ 495.50 Associate Leasing Inc. Assessment
Adjustment
$ 11.41 Margaret & Byron K. Butler
Vehicle Out of State
$ 24.55 Margaret & Byron K. Butler
Vehicle Out of State
$ 318.43 Honda Lease Trust Sold Motor Vehicle
$ 25.54 James A. Howard Sold Motor Vehicle
$ 160.21 Toyota Motor Credit Corp. Sold
Motor Vehicle
$ 24.30 Cynthia L. Erickson Donated Motor
Vehicle
$ 209.31 Toyota Motor Credit Corp. Sold
Motor Vehicle
$ 337.26 V. W. Credit Leasing Limited Sold
Motor Vehicle
Motion by Selectman Annino, second by Selectman
Dudek, to approve the Tax Abatements and Refunds as reviewed. Voting
in favor - Annino, Denvir, Dudek. Opposed - none. Motion Carried.
10. Executive Session - Contract Negotiations
Motion by First Selectman Denvir to go
into Executive Session at 8:30 PM for the purpose of contract negotiations.
Voting in favor - Dudek, Annino, Denvir. Opposed - none. Motion Carried.
Motion by First Selectman Denvir to come
out of Executive Session at 9:30 PM. Voting in favor - Denvir, Dudek,
Annino. Opposed - none. Motion Carried. No motions were made during
executive session.
11. Adjournment
Motion by Selectman Annino, second by Selectman
Dudek, to adjourn at 9:31 PM. Voting in favor - Denvir, Annino, Dudek.
Opposed - none. Motion Carried.
TOP
MINUTES of the
REGULAR MEETING of the BOARD OF SELECTMEN
November 8, 2004
1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday,
November 8, 2004, at the Killingworth Town Office Building, 323 Route
81, Killingworth, Connecticut. In attendance were First Selectman David
Denvir and Selectman Louis Annino. It was noted Selectman Dudek was
not present due to vacation plans that he had prior to his being on
the Board of Selectmen. First Selectman Denvir called the meeting to
order at 7:00 PM.
The Pledge of Allegiance was recited.
2. Approval of Minutes - October 25, 2004
Motion by Selectman Annino to approve the October 25, 2004 Minutes amended
as
follows -
▪ Page 4, under 9., add to the last paragraph "The underexpended
firemen/ambulance pension funds still exist in undesignated fund balance
even though used for overexpended items. A Town Meeting would be required
to extract these monies and deposit them into the pension fund."
Voting in favor - Annino, Denvir. Opposed - none. Motion Carried.
3. Visitors
Ruth Patrick asked if the Town had an administrator for its Pension
Plan. First Selectman Denvir noted there was no administrator yet and
that companies are still being solicited. There will be an interview
process before one is actually selected. Ms. Patrick noted at the last
meeting she thought it was stated the interviews would be started two
weeks ago. First Selectman Denvir noted it was his recollection that
what he said at the last meeting was that the solicitation would be
completed within 30 days and interviews would be conducted thereafter.
Now that the firemen's pension plan was going to be administered by
Banknorth at no charge, there was no reason not to accept solicitations
from firms that wanted to be considered for interviews. First Selectman
Denvir noted he has six that have to respond and John McMahon (the other
trustee) has two. Ms. Patrick asked again when the interviews would
start. First Selectman Denvir reiterated the interviews would hopefully
start at the end of the 30 day period when the solicitation period was
complete. Selectman Annino stated for the record that no one should
be apprehensive about monies they have coming under the defined benefit
plan or how long it takes to hire an administrator. The Town of Killingworth
is committed to provide the pensions as stated in the plan. Ms. Patrick
noted it has now been three years.
Donna Shanoff noted she was concerned with
the upgrading of the computer systems in the Assessor's Office and the
Tax Collector's Office. Ms. Shanoff indicated she needs to know when
that upgrade is going to take place in order to deal with the revaluation.
She noted in speaking with Don Cotton, he indicated the earliest upgrade
date is March of 2005. Is that date definite, what are the details of
the proposed networking system and when will that be in place? Ms. Shanoff
noted she needs this information in order to put it in an RFP for the
revaluation. Ms. Shanoff also noted that Public Act 04-02 indicates
that any decision not to implement a revaluation shall be approved by
the legislative body of the town. In any town where the legislative
body is the town meeting, the Board of Selectmen shall make that determination.
Selectman Annino asked if this could be done at the next meeting to
allow the Assessor to make her recommendations, both pro and con. She
noted, however, she can't make her recommendations until she knows what
is happening with the upgrade in the computer system. First Selectman
Denvir noted he has not heard anything from Mr. Cotton that the upgrade
would be completed by March 2005. The upgrade is actually underway now.
The wires have been installed in the walls in the addition for the hook
ups and the equipment has been ordered. Mr. Denvir noted he will speak
with Mr. Cotton in the next couple of days to confirm that timetable.
He indicated he was never given any impression that this was going to
take that long. Ms. Shanoff noted Mr. Denvir was talking about the networking
system. She was referring to the software and computer upgrades for
the Assessor's and Tax Collector's Offices. First Selectman Denvir noted
Mr. Cotton has spoken to Quality Data and Fuss and O'Neill, the firm
doing the upgrade, have also conferred with Quality Data. He reiterated
it was not conveyed to him that it would take that long. He also noted
the software and hardware information is readily available to Ms. Shanoff.
4. Tax Abatements & Refunds
First Selectman Denvir noted this item would be moved to the end of
the meeting.
5. Appointments and Vacancies
First Selectman Denvir noted a recommended appointment was received
for Peter Richards to the Conservation Commission. Mr. Denvir noted
Mr. Richards was very active in a nursery oriented business and was
recently quite helpful in finding a resolution to a wetlands problem
at a proposed development in Clinton. First Selectman Denvir moved,
Selectman Annino seconded, to appoint Peter Richards to the Conservation
Commission. Voting in favor - Denvir, Annino. Opposed - none. Motion
Carried.
First Selectman Denvir noted he has not
heard definitively from Thomas Keyes yet regarding an appointment to
Conservation. Mr. Gumbart from the Conservation Commission indicates
he was waiting for Mr. Keyes to attend a meeting. A nomination for Thomas
Keyes was received from Richard Cabral, but nothing has been heard back
from Mr. Gumbart. Mr. Denvir suggested waiting on this appointment.
First Selectman Denvir noted the Town is
still looking for a representative to the Library Board. It is hoped
that a young, energetic male will step forward to fill that position.
6. Old Business
1. Lover's Lane
First Selectman Denvir noted he received updated information from Howard
Pfrommer in terms of the potential plan for Lover's Lane. That information
provided data on available options. One difficulty in doing an extensive
amount of work in that area would mean the driving of sheet piled coffer
dams which may present a problem with utility lines. Mr. Denvir is still
consulting with Mr. Pfrommer on this matter. Mr. Pfrommer was also asked
to prepare the entire wetlands review process in order to move forward
and make some progress.
2. Killingworth Recreation Center
First Selectman Denvir noted there is a Town Meeting in about 45 minutes
with a referendum vote scheduled for November 20th. The referendum voting
hours will be discussed at that meeting. Mr. Denvir is going to suggest
8:00 AM to 8:00 PM. Selectman Annino asked when the mailing was going
to be sent out. Mr. Denvir replied it was mailed today.
7. New Business
1. Holiday Schedule/Town Hall
First Selectman Denvir noted that according to the Employee Manual,
and by majority vote of the Town Hall employees, a floating holiday
can be set each year. The overwhelming choice was Thursday, December
23, 2004. This would mean the Town Hall would be closed on both December
23rd and December 24th and reopening on December 27th. Selectman Annino
moved to accept the recommendation of the employees. Voting in favor
- Annino, Denvir. Opposed - none. Motion Carried.
2. Reservoir Road Bridge
First Selectman Denvir noted the estimated cost for transport and installation
of the acrow panel bridge was going to be $35,000 plus. Mr. Ward has
discussed with Mr. Pfrommer an option of using a series of iron plates
that could be laid over that part of the bridge at an acquisition savings
of about $12,000 to $15,000. These plates would then have a very salable
value when the bridge is completed. A decision will not only have to
be made on whether to go with the substantial improvements under the
Federal Bridge Program or whether to go with the in-kind improvements,
but also the method of shoring up the bridge in the interim period.
3. Substance Abuse Coalition
First Selectman Denvir noted with great congratulations the Town's Substance
Abuse Coalition was recently recognized as the number one Substance
Abuse Coalition in Middlesex County. For discussion purposes, Mr. Denvir
asked whether this Board should try to work with the Coalition to support
a type of ride program that could be coordinated by the Coalition to
assist those in need of a ride if one feels it is not appropriate to
drive. Selectman Annino felt this should be pursued and also volunteered
his services to be on a list of those available to give rides. First
Selectman Denvir will pursue this with the Coalition.
8. DLD Announcements
First Selectman Denvir noted the Town is receiving a refund of $.62
from the power company for an overcharge on the Town's street lights.
In order to receive the refund a release must be signed of any claims
against the power company for any overcharges that may have occurred.
Selectman Annino noted it wasn't worth signing the release for such
a minimal amount.
9. Selectmen's Concerns
Selectman Annino noted he was told by a couple of Town Hall employees
that First Selectman Denvir was going to apply for a leave of absence,
and asked what that meant. Mr. Denvir explained he was an attorney of
record for a litigation case that was scheduled to go to trial in Waterbury
over the next two weeks. They are going to meet in court on Wednesday
morning to determine whether the case can be settled or not. If the
case cannot be settled, he would be obligated to participate in a jury
trial that is anticipated to take two weeks. Mr. Denvir noted he would
still visit the Town Hall in the evenings to check mail and phone calls
and would forego any wages for those two weeks. Mr. Denvir noted he
could not have foreseen that when he took the case on in June of 2001
that he was going to be First Selectman in November 2001. Selectman
Annino asked why Mr. Denvir just doesn't take the time off as the Charter
does not indicate the First Selectman must be in the office a certain
number of hours. Mr. Denvir replied that was true but it was unfair
for him to be making money elsewhere and here at the same time. First
Selectman Denvir noted that in checking the mail and phone calls, if
there was something that needed attention, he would confer with Selectmen
Annino and Dudek and request one of them take care of the matter.
10. Executive Session - Contract Negotiations
First Selectman Denvir moved to go into Executive Session for the purpose
of Contract Negotiations. Voting in favor - Denvir, Annino. Opposed
- none. Motion Carried. Selectman Annino moved to come out of Executive
Session at 7:36 PM. Voting in favor - Denvir, Annino. Opposed - none.
Motion Carried. No action was taken during Executive Session.
11. Adjournment
Selectman Annino moved, First Selectman Denvir seconded, to adjourn
at 7:37 PM. Voting in favor - Annino, Denvir. Opposed - none. Motion
Carried.
TOP
MINUTES of the
REGULAR MEETING of the BOARD OF SELECTMEN
October 25, 2004
1. Call to Order.
The Killingworth Board of Selectmen held its regular meeting on Monday,
October 25, 2004 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 October 12, 2004
First Selectman Denvir moved, Selectman Annino, seconded, to approve
the October 12, 2004 Minutes amended as follows -
Page 1, under 6.1, last sentence, change "expect" to expects".
Page 2, 3rd paragraph, change "Mr. Venuti" to Mr. Peter Venuti".
Correct the name of "Tom Copeland" to "Tom Kothman" throughout the minutes.
Page 4, correct spelling of "Counsel" to "Council" in last paragraph.
Voting in favor - Denvir, Annino, Dudek. Opposed - none. Motion Carried.
3. Visitors
Steve Hollander from the Pay As You Throw Committee was present. He
noted the Committee was looking at changing the hours for the transfer
station on Thursdays. Jim Ward was consulted on the matter and he didn't
have any problem with it. The suggestion was 2:00 to 8:00 PM on Thursdays
and 8:00 to 2:00 PM on Saturdays. The main goal was to get more cars
away from Saturday.
Selectman Annino moved to go along with
the Committee's recommended change. Further discussion took place. Mr.
Hollander noted the overall number of hours would remain the same. First
Selectman Denvir noted his main concern is that once it gets dark, nobody
comes out. Mr. Hollander reiterated they would like to try this for
the next month to see if it helps what is going on on Saturdays. Something
needs to be done. Selectman Dudek asked when this would take place and
how the word would go out. Mr. Hollander noted the hours would just
be left the way they are rather than falling back with the time change.
Selectman Annino withdrew his motion.
Ruth Patrick noted she received a letter
from Jack Kneale and asked if the Town had a pension administrator yet.
Mr. Denvir replied there is no administrator yet, but Selectman Dudek
was successful in getting Banknorth to administer the firemen's plan
with no additional cost. The Town may not get as favorable a rate on
the other plan. First Selectman Denvir noted Mr. Kneale sent the Town
a list of 4 administrators and they have started interviewing. Selectman
Annino asked if that final decision on the administrator would come
to this Board. Mr. Denvir replied yes. Ms. Patrick asked if there was
a timeframe for this to happen. Mr. Denvir noted that in speaking with
the Town Clerk, a package should be going out to people within 30 days.
Ruth Patrick asked when the Town of Killingworth
would be getting its own post office. She noted the Town must start
doing something to get a post office. She mails over 8000 pieces of
mail a year. Other towns with a population of 6000 have their own post
office. All Killingworth has is one drop box. First Selectman Denvir
noted this was a point very well taken, but he has exhausted all efforts
already through local state representatives and senators. The Congressmen
have stated it will take "an act of Congress" to get this through. Mr.
Denvir noted he was visited from a member of Joe Liberman's staff who
was going to look into this, but they haven't done anything. Selectman
Annino asked that this be put on the next agenda.
4. Tax Abatements & Refunds
The following abatements and refunds were reviewed -
$ 46.87 Dorothy M. Umsteadt Sold Motor Vehicle
$ 158.97 Costfam Inc. Sold Motor Vehicle
$ 147.86 Al Wohlstrom Sold Motor Vehicle
$ 441.87 Al Wohlstrom Sold Motor Vehicle
$ 123.50 V. W. Credit Leasing Limited Sold Motor Vehicle
Selectman Annino moved, First Selectman Denvir seconded, to approve
the reviewed tax abatements and refunds. Voting in favor - Denvir, Annino,
Dudek. Opposed - none. Motion Carried.
5. Appointments/Vacancies
First Selectman Denvir noted there were no nominations for any of the
vacancies for PAYT or the Library Board. Mr. Denvir noted he heard that
Thomas Keyes was interested in the Conservation Commission, but has
not heard from him directly. Mr. Hollander noted they would like to
finalize their report before adding anyone new to the PAYT Committee.
6. Old Business
1. Lovers Lane
First Selectman Denvir noted he spoke with Howard Pfrommer from N. L.
Jacobson & Associates about several things including the Reservoir
Road Bridge, and asked him to work up something on the placement of
appropriate concrete pipes in place where the ditch was put a number
of years ago (Lovers Lane). Mr. Pfrommer thinks he has the hydrology
numbers from some time ago and can figure out the size pipe to go in
there. Mr. Denvir noted the traffic count numbers averaged about 550
per day. Ms. Tunney noted anything more than 100 per day is a collector
road. There was discussion about grant funding for this project. It
was noted the Chairman of the Killingworth Inland Wetlands should also
be included in this so there aren't any curve balls later on. Jere Adametz
noted the Town should ask its grant writer to apply for a grant to improve
the road. Mr. Denvir noted the Town should work with Jean Davies (transportation
person at the Metropolitan Planning Agency) on this matter. Selectman
Dudek noted both intersections should be changed if the Town is going
to ask for a grant.
Peter Venuti asked if there was any discussion
with Mr. Pfrommer on water elevation. It was noted both Messrs. Pfrommer
and Ward feel there was a 6 inch difference in the water levels.
2. Explanatory Text
There was much discussion regarding the explanatory text for the Killingworth
Recreation Complex. First Selectman Denvir referenced the suggested
text by Town Counsel. Later on in the meeting he read the explanatory
text as originally written. It was noted the State Elections Enforcement
Committee will not allow the Town to send out explanatory material with
regard to other issues on the table, if those issues are not on the
referendum. Selectman Annino noted he would like to have seen this before
it went to Hartford for approval. He asked how many people showed up
for the walk on Saturday. Mr. Denvir replied about 80. There was some
discussion regarding the previous Town Meeting held for this subject
on October 18th. Selectman Annino felt that meeting was confusing. He
indicated he was getting bad vibes and felt this was being fast-tracked
again. Recent comments from the Wetlands Chairman was reviewed. A February
12, 2003 letter to the Inland Wetlands and Planning & Zoning wherein
they were invited to review the subject matter at any time was noted.
Mike Board noted he agreed with Selectman
Annino and that this was being fast tracked again. He indicated Wayne
Addy and John Himmelman from Wetlands have some very strong things to
say. He urged the Board to delay the vote until February or March when
this can be studied thoroughly.
Ms. Tunney asked if there was any grant
money available for this. First Selectman Denvir reviewed the STEAP
funding.
There was much discussion about what was
voted on at the last Town Meeting. Mr. Denvir reiterated what was voted
on was to send explanatory text to the State for approval. He noted
that he made it very clear that he couldn't guaranty the whole letter
covering all four situations could be issued.
Peter Venuti agreed this was being pushed
along too fast again.
Michael Venuti noted that if the State
Elections Committee had been asked the question previously, the Town
would not be discussing this matter now. The Town should have checked
with the Elections Committee beforehand.
Mr. Boulay read a letter he submitted to
the Clinton Recorder urging Killingworth voters to defeat the referendum.
He urged that all options be fully explored and exhausted.
Jim Thomsen briefly reviewed what transpired
a couple of years ago with the Probate Court. He pointed out that the
other selectmen should have a voice in this government. Selectman Annino
noted he agreed with some things Mr. Thomsen said, and referenced an
article in killingworthtoday.com referring to the same subject of whole
board representation.
There was discussion again about the Call
of the recent Town Meeting. Selectman Dudek noted he thought this was
only to talk about the recreation project and not the other projects.
Mr. Denvir again reviewed the explanatory text and that his intent at
that meeting was to do what the statute said. Mr. Dudek noted the Town
should find be allowed to send out informational text, and it should
find the mechanism to do so.
Peg Scofield pointed out it is not on the
agenda to delay the vote.
Selectman Annino moved to postpone the
referendum on the Killingworth Recreation Center Complex until all information
in the forms rejected by the State Elections Enforcement Committee are
explored by the appropriate groups and mailed to everyone in town. Discussion
continued. Mr. Denvir asked Mr. Annino if he wished to propose this
motion as the item was not on the agenda. Mr. Annino replied yes and
called the question. A second to the motion was not received and one
was not required. Voting in favor - Annino. Opposed - Denvir, Dudek.
Motion Failed.
3. Bosco wetlands Review
First Selectman Denvir noted this had been discussed during the earlier
topic. The Wetlands Commission was invited sometime ago to review this
matter.
7. New Business
1. CL&P Refund
First Selectman Denvir noted he engaged a company sometime ago to do
an audit of the electric bills and there is a credit of 62 cents.
8. DLD Announcements
First Selectman Denvir noted he met with Howard Pfrommer regarding Reservoir
Road. He indicated this Board will need to make a decision in the next
few weeks as to which method of replacement to use.
9. Selectmen's Concerns
Selectman Annino noted he has asked the Board of Finance to look at
the veterans exemption. He also noted he was disappointed in the fact
that Killingworth only received about 100 doses of flu vaccine.
Selectman Dudek briefly reviewed fire and
ambulance pension funds and the transfer of some funds to cover overexpenditures.
First Selectman Denvir explained that what happens is that funds are
taken from the underexpended items and transferred to the overexpended
items.
10. Executive Session
Selectman Annino moved. Selectman Dudek seconded, to go into Executive
Session at 9:10 PM for the purpose of discussing personnel. Voting in
favor - Annino, Dudek, Denvir. Opposed - none. Motion Carried.
Selectman Dudek moved, Selectman Annino,
seconded, to come out of Executive Session at 9:40 PM. Voting in favor
- Annino, Dudek, Denvir. Opposed - none. Motion Carried. No actions
were taken.
11. Adjournment
Selectman Annino moved, Selectman Dudek seconded, to adjourn at 9:50
PM. Voting in favor - Annino, Dudek, Denvir. Opposed - none. Motion
Carried.
TOP
Minutes
of
The Regular Meeting of the Killingworth Board of Selectmen
October 12 , 2004
1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday,
October 12, 2004, 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 September 27,
2004
Selectman Annino moved, Selectman Dudek seconded, to approve the September
24, 2004 Minutes as written. Voting in favor - Annino, Dudek, Denvir,
Opposed - none. Motion Carried.
3. Visitors
Steve Hollander, PAYT Committee (Transfer Sta. hrs.)
First Selectman Denvir noted Mr. Hollander was unable to make this meeting
but would like to be put on the next meeting.
First Selectman Denvir made a note of visitors
that would like to be acknowledged during the meeting.
5. Appointments/Vacancies
First Selectman Denvir noted both of the Town representatives on the
Library Board have resigned. Selectman Annino noted the Killingworth
Democrats have recommended Kathleen Amoia. Selectman Annino moved, Selectman
Dudek seconded, to appoint Kathleen Amoia to the Library Board as the
representative from the Board of Selectmen. Voting in favor - Annino,
Dudek, Denvir. Opposed - none. Motion Carried.
First Selectman Denvir noted there are
still vacancies on the PAYT Committee.
With regard to the Conservation Commission,
the nomination of Gwenne Lally was received from the Democratic Town
Committee. Mr. Denvir noted that Dave Gumbart is also speaking with
a couple of other interested individuals as there are several openings
on that Commission. Selectman Annino moved to appoint Gwenne Lally to
the Conservation Commission. Voting in favor - Annino, Dudek, Denvir.
Opposed - none. Motion Carried.
6. Old Business
1. Lovers Lane
Selectman Annino noted he would like this item kept on the agenda as
a follow up in getting the numbers. First Selectman Denvir noted he
is meeting with CRERPA representatives tomorrow morning and expect to
receive that information then.
First Selectman Denvir noted in response
to Selectman Dudek's question at the last meeting regarding the pipes,
that Cathie Jefferson will be bringing this to the attention of the
Wetlands Commission at their meeting this evening.
Jere Adametz noted there had been previous
discussion about the pipes being cleaned out and asked if any attempt
has been made to do so. First Selectman Denvir replied he didn't think
any attempt was made to do so because that would require someone who
was equipped to do underwater work. The Town Crew is not trained in
this type of work. On the other hand, the Town doesn't even know whether
it is clogged. He reiterated the Wetlands Commission will be discussing
this evening the possibility of removing the 3 smaller pipes and installing
a larger one that might be less likely to clog. Mr. Adametz asked if
there has been any further study regarding the road settling. Mr. Denvir
noted there have been no other studies or graphics on the settling.
He briefly reiterated what was in the engineer's report covered during
an earlier meeting. Selectman Annino suggested the Town do 100 feet
of chip sealing every year and maybe that might keep up with the settling.
Jim Thomsen felt Lovers Lane should be
maintained during the winter and not closed with the upcoming school
construction. First Selectman Denvir reviewed the conditions that warrant
the closure of the road, but acknowledged that Mr. Thomsen's point was
well taken.
The flow of the water around and through
Lovers Lane was reviewed. Selectman Annino noted there is another issue
with the colony of beavers that are building dams. Mr. Venuti suggested
the use of a ditch-witch to make a channel through for the water to
flow more easily.
2. Road Striping/All Town Roads
Selectman Annino noted this had been discussed at the last meeting,
but there was criticism because it was not an official agenda item.
At that meeting, Selectman Annino made a motion to do all the Town roads.
Mr. Denvir pointed out there was no money in the budget for it. Selectman
Annino pointed out there was enough money in the Highway Department
budget to do it. Mr. Annino reiterated he has gotten many calls thanking
him for being persistent with this issue. Selectman Annino moved, Selectman
Dudek seconded, to line stripe all the Killingworth signature roads
with funds from the existing highway department budget. Discussion followed.
Selectman Dudek asked if there was a specific line item that was to
be used. First Selectman Denvir reviewed funding and noted he could
not support this. He indicated the budget was approved for the year
and the line striping line item was not funded. Now Selectman Annino
wants to fund it from another line item. Mr. Denvir recollected that
the Board of Selectmen was going to do some kind of investigation with
respect to the safety aspect before going further with this. The two
issues here are one - there is no money, and two - it had been suggested
that further investigation be done. Selectman Annino noted he sees this
as being that Mr. Denvir just doesn't want to do this. Mr. Annino felt
this was a safety matter and overrides other things. Selectman Dudek
noted he suggested at the last meeting that all accident reports be
copied to the First Selectman so there is a record of them for future
reference. Mr. Dudek noted he was a proponent for the striping and agreed
with the list, but stated he had a budgetary concern and preferred that
a specific line item be used.
Tom Copeland, Iron Works Road, thanked
the Board for the way they have gone forward with this. It is the Town
government's responsibility to look out for safety. Mr. Copeland noted
this has caused him to also look at road signage. He pointed out there
are other road safety issues that might be looked at too. Mr. Copeland
reviewed correspondence he had with a representative from the Vermont
Traffic Office.
Peter Venuti reviewed a recent accident
his son had and it was not determined who was at fault. He reiterated
that if there had been a yellow line on the road, perhaps it could have
been determined who was at fault for the accident.
It is noted the previous motion and second
were withdrawn.
Selectman Annino moved, Selectman Dudek
seconded, to line stripe all of Killingworth's signature or connector
roads with funds from the existing Highway Department Budget, Line Item
Road Resurfacing 1203347 with $202,000 appropriated and $200,000 left.
Discussion followed. First Selectman Denvir stated he still thought
this was a procedural error and it should have been in the operational
budget. The Road Striping line item was zero when the budget was approved
and now six months later there is this request to fund it from another
line item. Voting in favor - Dudek, Annino. Opposed - Denvir. Motion
Carried. Selectman Annino noted for the record that he was under the
misapprehension that the money was in the budget somewhere and carried
forward. It was done in the previous budget. Selectman Dudek noted he
agreed with that statement.
7. New Business
1. Highway Dept. Bids
(a) Winter Sand
First Selectman Denvir opened the three bids for winter sand - WFS Earth
Materials, Haynes Materials and Butler Construction. All three bids
will be sent to the highway foreman for review and recommendation to
the Board of Selectmen.
(b) Elgin Sweeper
First Selectman Denvir noted there were no bids received for the Elgin
Sweeper.
2. IWWC Memo
Selectman Dudek noted there was an IWWC Memo that was news to him. The
memo stated that a request for review be submitted to the Inland Wetlands
Commission of the proposed plan for the Recreational Complex so they
can identify potential cost impacts so the residents will be in a better
position to determine whether to support the project. First Selectman
Denvir noted he discussed this with the Wetlands Enforcement Officer
and explained what was meant by that letter. The Wetlands Commission
would like to conduct a formal review of the property before the Town
engages an engineering firm to do the design work. The IWWC does not
feel they need to conduct an on site review in advance of the referendum.
3. Firefighters/Ambulance Pension
Selectman Dudek noted he discussed this matter with Mike Gould from
Banknorth (as mentioned at the last meeting) and he indicates there
will be no fees to administer that Pension Program. There would be potential
fees on the investment vehicle. The Town and Banknorth would have to
agree as to the limits of investment. Selectman Dudek also noted they
met with Jack Kneale and there is one change to the Plan. Once that
is done, it will be ready for signature.
4. Tax Abatements & Refunds
The following tax abatements and refunds were reviewed -
$ 28.52 Robert J./Elizabeth Lancraft Vehicle registered out of state
$ 54.06 Chase Manhattan Auto Finance Group Sold Motor Vehicle
$ 30.65 Marc Sheehan Traded Motor Vehicle
$ 26.78 Michael J. Scaniffe Sold Motor Vehicle
$ 66.46 Susanne N. Davenport Traded Motor Vehicle
$ 104.16 D. L. Peterson Trust Sold Motor Vehicle
$ 4.46 Karen A. Badger Adjustment Correction
$1,180.98 George Ginsberg Adjustment Correction
$ 33.48 Mark & Kristie Rohlfs Adjustment Correction
$ 39.43 Mark W. Rohlfs Adjustment Correction
Selectman Annino moved, Selectman Dudek seconded, to approve for payment
all tax abatements and refunds as reviewed. Voting in favor - Dudek,
Annino, Denvir. Opposed - none. Motion Carried.
8. DLD Announcements
First Selectman Denvir noted there will be a Town Meeting on Monday,
October 18, 2004. Representatives from Clough Harbour will be there
to make a presentation. Color maps are being printed of the new proposed
plan. Mr. Denvir noted he will talk about the Killingworth Recreational
Complex, the Town Center Plan, the report from the Town Office Building
Study Committee and the attempt to acquire the Venuti property. There
will be another meeting on November 8th which will adjourn to the November
20th referendum. The Five Year Capital Plan will also be reviewed at
that meeting. A school bus has been secured for the site walk scheduled
for October 23rd. The Town Crew will be flagging trails so the public
will have some kind of idea on field location.
9. Selectman's Concerns
There was discussion regarding Probate Courts. Selectman Annino indicated
the Probate Assembly has decided it is in arrears in terms of funding,
and one solution is the merger of Probate Courts. This was discussed
in Town a couple of years ago, but was never passed. Mr. Annino asked
if Mr. Denvir was aware of any new developments on this subject. First
Selectman Denvir noted he has had two meetings with the head Probate
Court Administrator and numerous meetings with the Executive Committee
of Counsel of Small Towns. The Probate Court Administrator's plan is
to keep the present number of courts, and that the State pays for all
the courts in excess of 50,000 and the Towns pay when there is a population
of less than 50,000. Mr. Denvir noted there is a lot of work being done
to make sure this is not forced upon the municipalities. It was noted
any changes made to the Probate Court must go through the legislature.
Selectman Annino indicated he saw in the
Planning & Zoning Minutes that Mr. Dowler has asked Planning &
Zoning to explore the possibility of the garage lot at the circle. Behind
the garage lot is a fire pond. The Board of Selectmen should take a
stand on this before it goes any further and state that it does not
want any building on that lot. This should be stopped before it gets
to the engineers. Selectman Annino urged the Board to think about some
kind of a resolution.
Selectman Annino noted Mike Board has contacted
the FOI about getting the Venuti appraisal. Mr. Annino didn't see any
reason why it can't be given out and didn't want to spend legal fees
on defending this matter. First Selectman Denvir noted this is a worthy
question, but didn't know how to respond because an official complaint
hasn't been filed. The Statute is very clear on this matter.
Selectman Dudek asked if it was possible
to get a monthly sheet on expenditures in the future.
10. Executive Session - Contract Negotiations
First Selectman Denvir moved to go into Executive Session at 8:00 PM
to discuss contract negotiations. Voting in favor - Denvir, Dudek, Annino.
Opposed - none. Motion Carried. Selectman Dudek moved, Selectman Annino
seconded, to come out of Executive Session at 8:10 PM. Voting in favor
- Annino, Dudek, Denvir. Opposed - none. Motion Carried. No actions
were taken during executive session.
11. Selectman Annino moved, Selectman
Dudek seconded, to adjourn at 8:11 PM. Voting in favor - Annino, Dudek,
Denvir. Opposed - none. Motion Carried.
TOP
Minutes of
The Special Meeting of the Killingworth Board of Selectmen
September 13 , 2004
1. Call to Order
The Killingworth Board of Selectmen held
its regular meeting on Monday, September 13, 2004, 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.
First Selectman Denvir welcomed Selectman
Fred Dudek to the Board of Selectmen.
2. Approval of August 23, 2004 Regular
Meeting Minutes and August 27, 2004 Special Meeting Minutes
Motion by Selectman Annino to approve the
August 23, 2004 Regular Meeting Minutes as written. Voting in favor
– Annino, Denvir, Dudek. Opposed – none. Motion Carried.
Motion by Selectman Annino to approve the
August 27, 2004 Special Meeting Minutes which were continued until August
31, 2004 . Voting in favor – Annino, Dudek, Denvir. Opposed – none.
Motion Carried.
3. Visitors
First Selectman Denvir asked which Visitors
would like to be recognized this evening for items on the Agenda. Ms.
Baldwin, Mr. Board, Mr. Buckley and Mr. Venuti asked to be recognized.
Mr. Board noted Selectman Dudek is an excellent
choice for either second or first selectman and no one does more for
this Town than he and his wife, Linda. He asked if there would be any
conflict with the fact that Mr. Dudek is Fire Chief and a Director on
the Valley Shore Communications Board, and that Linda is Town Treasurer
and a Town employee. He also asked whether any of the three selectmen
felt this should go to Town Counsel to address the conflict of interest
issue. Selectman Dudek noted the issue of conflict with the Fire Chief
position has already been ruled on by Town Counsel as there being no
conflict. The Fire Chief does not sign checks nor profits from that
position. There is also no conflict between Selectman and Treasurer
as they are elected positions. Mr. Dudek noted he has appointed Richard
Bauer to replace him on the Valley Shore Communications Board. Finally,
he noted he would recuse himself on any sensitivity issues.
4. Tax Abatements and Refunds
Moved to end of the meeting.
5. Appointments and Vacancies
First Selectman Denvir noted there is still
an outstanding vacancy on the Conservation Commission. Selectman Annino
noted his Town Committee is aware of the vacancy. First Selectman Denvir
noted there is a vacancy on the PAYT Committee and the Library Association
Board of Directors due to the fact Cathy Iino is moving to Rhode Island
.
6. Old Business
1. Road Striping Issue
A petition containing 100 signatures was
received, said signatures having been verified by the Town Clerk. First
Selectman Denvir read the Petition into the record. He reviewed the
Town Charter as it pertains to petitions. Two previous petitions were
also received on this subject. The first one was lacking the circulator's
statement and the second one did not request a Town Meeting, but simply
to rescind the lines. The Town Charter says a Town Meeting should be
called within 30 days. First Selectman Denvir noted there are a couple
of other items that could be put on a Town Meeting if one were called.
Selectman Annino noted he feels this is a health and safety issue. The
Town Charter says that objects of petitions should be “proper subjects
for action at a Town Meeting.” The Charter goes on to say that the “Board
of Selectmen has to be reasonably certain that the object of the petition
is proper, lawful and not frivolous.” He didn't feel that being a health
and safety issue fell within the realm of calling a meeting on it. Selectman
Annino noted he has received many phone calls thanking him for the striping.
He felt strongly not to hold a Town Meeting. Selectman Dudek noted he
thought it would set a dangerous precedent when public safety is decided
at a Town Meeting and not by the Board of Selectmen. Decisions of public
safety should not be made in a public forum. They should be made between
the Board of Selectmen, Highway Department, Fire Department and/or Resident
Trooper. First Selectman Denvir noted his concern was that as elected
officials, the Board is not permitted to pick and choose which parts
of the Charter to follow. If necessary, perhaps the Charter should be
changed to exclude public safety issues. The Charter is there to tell
the Board how to govern. First Selectman Denvir reviewed the language
in the Charter and the legal opinion. Legal opinion says the petition
is aproper matter for a Town Meeting, and one could also look at this
as being a good issue to be dealt with by the Board of Selectmen. There
was discussion as to what the Call of the Town Meeting would say. Selectman
Dudek noted he had a problem with the Call if it was going to rescind
a public safety decision. Selectman Annino reviewed Town Counsel's letter
and legal opinion noting he thought it was a stretch. Selectman Dudek
stated he felt Town Counsel should search further as there must have
been precedent set before regarding public safety. First Selectman Denvir
reviewed Town Counsel's letter.
First Selectman Denvir recognized Mr. Buckley
and Mrs. Baldwin on the subject of road striping. Mr. Buckley noted
he represents about 50 residents on Roast Meat Hill Road . His concern
was how this decision was made. He didn't feel the safety issue was
demonstrated for all those roads that were going to be striped. He felt
the Town residents should have some say as to whether the less populated
roads should be striped. Mr. Denvir reviewed the visit from a State
Highway Representative, Mr. Sawicki, who indicated the Town roads are
wide enough and that if the Town were to stripe the roads, it should
do them all. Mrs. Baldwin noted she has collected even more signatures
and asked that this Board not dismiss them. It is the right thing to
do to put this before the people. The decision to come out of the Town
Meeting would be right. Selectman Dudek noted his problem with this
entire issue is that it sets a precedent with public safety.
Selectman Dudek again asked what the Call
of the Town Meeting would be. Mr. Denvir noted it would be something
similar to the petition, but not necessarily the same. The resolution
coming out of that meeting, if approved, would probably say something
like “the Town refrain from placing any additional road striping on
any Town roads and remediate existing stripes within 120 days from the
vote.”
Motion by First Selectman Denvir that within
30 days of the date of the petition the Board of Selectmen establish
a date for a Town Meeting consistent with the requested items in the
petition. Voting in favor – Denvir. Opposed – Annino, Dudek. Motion
Failed. Selectman Annino noted the Board will probably sit down with
Jim Ward, Highway Foreman, to discuss this issue and investigate Mr.
Buckley's concerns.
7. New Business
1. Contract Negotiations
First Selectman Denvir noted he received
a notice appointing a new negotiator for the AFSCME Contract and that
a State Mediator has been appointed. He also noted he met with representatives
from KMEA last week and received permission to proceed. Selectman Annino
reviewed the previous process for negotiating indicating that the contract
shouldn't automatically get signed and just go into effect. He indicated
he recently read that hospital premiums are going up over 11 percent.
The Board of Finance should be advised how much this is going to cost
when it is negotiated. The dollar figure should be laid out for everyone.
2. Conference with Superintendent of District
#17
Mr. Denvir noted this item was at the request
of Selectman Annino. Selectman Annino briefly reviewed a recent conference
with Regional School District 17 that was attended by himself and Mr.
McMahon. Mr. Mala reviewed his game plan and the mastery tests. Mr.
Annino then noted he asked Mr. Mala what the worst case scenario would
be regarding the recent litigation brought forth on the new intermediate
school in Killingworth. It was noted it could be five years before they
build the school. Mr. Annino indicated his concern was financial. Does
the Town of Killingworth shoulder this burden itself or does it share
it with Region School District 17? It was noted the School Board can
proceed at its own risk. Mr. Annino asked exactly what that means. Does
it mean there may be no State funding? Mr. Denvir noted he has asked
Town Counsel for an opinion. Mr. Annino noted it could take 5 years
to get a case settled in Court.
First Selectman Denvir noted he has met
with Mr. Mala regarding this issue but was reluctant to say much as
it has to do with pending litigation.
Michael Board was recognized. He asked
for a copy of Town Counsel's letter. Mr. Board indicated Mr. Mala has
said they intend to go ahead with construction and their attorney has
said there is no merit to any of the appeals. He also intends to go
before the Haddam Selectmen to ask them the same question having to
do with the fact that if construction is started during the appeals
process, there could be a lot of dollars involved. Who is going to pay
for this? Each and every citizen of the Towns of Killingworth and Haddam
should know the answer to that question.
First Selectman Denvir briefly reviewed
eminent domain as a solution, but quickly added that he was not saying
that was what the District was going to do. Residents should not walk
away from this table with the assumption millions of dollars are going
to be lost.
Michael Venuti was recognized. He indicated
that no money should be spent on this other than to defend the lawsuits.
If the Town allows the Building Committee to move forward without putting
up a fight, it's going to be a mess. There is no insurance to cover
the boundary dispute. The issue of Title Insurance was reviewed. Selectman
Annino noted it is the Town's job to fund the defense of Planning &
Zoning.
Mr. Venuti noted as far as he was aware
the District still has not received DOT approval.
First Selectman Denvir noted these were
all good points but they are remarks that should go before the Board
of Education. He read the letter from Town Counsel regarding the legal
opinion as to whether the District could proceed with the school during
the appeals process.
3. 2005 Selectmen's Meeting Schedule
Motion by First Selectman Denvir to adopt
the 2005 Board of Selectmen Meeting Schedule as presented. Voting in
favor – Denvir, Annino, Dudek. Opposed – none. Motion Carried.
4. Communication Between Selectmen?
Selectman Annino asked First Selectman
Denvir to define what he sees as “communications between selectmen.”
Mr. Denvir reviewed what was acceptable under FOI provisions and what
was not.
5. FOI – Venuti Appraisal
Mr. Denvir noted this item was at the request
of Selectman Annino. Mr. Annino noted he was advised by Mr. Board that
he was going to file a Freedom of Information Request to see the Venuti
appraisal. He asked Mr. Denvir if that request has come in yet and if
it is going to be challenged. Mr. Denvir noted he has not seen this
request yet, but that those items would still be immune from discovery
under FOI as the items have to do with negotiations for acquisitions
of assets. Mr. Venuti asked to be recognized. He indicated there never
have been any negotiations as there has never been a response either
written or verbal from the Town. Selectman Annino noted he felt negotiations
were over.
6. Killingworthtoday Website/Meeting Agendas
Selectman Annino noted he thought it was
a great idea to put Agendas on the Killingworthtoday Website. Mr. Denvir
noted he had sent a memo around about nine months ago asking all boards
and commissions who had the ability to email agendas and minutes for
posting.
7. Bosco Development
First Selectman Denvir noted the bond anticipation
note came in at 1.78 percent substantially above last year at 1.149
and 1.35 before that. Mr. Denvir reviewed the memo from the financial
advisor regarding the pay down of the anticipation note and ways to
take advantage of lower rates. He also noted the Board of Selectmen
at its last meeting recommended to the Board of Finance $5.25 million
to build the Bosco project and agreed to send it to referendum. The
Board of Finance will be meeting tomorrow to act on the Bosco recommendation.
The Board of Selectmen will meet on Wednesday morning at 8:30 AM (15
th ) to pass the resolution if the Board of Finance approves it. There
was discussion about when to schedule the informational meeting and
the referendum. Mr. Denvir noted it cannot be on the same ballot as
the Election. Mr. Venuti was recognized. He suggested the Board have
appropriate questions on this referendum so that the outcome can be
properly analyzed. He also asked if there was going to be a tour of
the Bosco property prior to the vote. Mr. Denvir corrected Mr. Venuti's
reference to a “survey” that was to have been sent out. He also briefly
reviewed negotiations which didn't come about until 15 days before the
Bosco vote was to have taken place. Mr. Venuti noted he made the offer
to the Town as soon as the Judge had made him a Trustee. There was no
impetus to stop Bosco. He indicated Mr. Denvir had also told him he
would call him if the Bosco vote was turned down. Mr. Venuti did not
receive any call.
8. Special Meeting of 9/15/04
First Selectman Denvir noted he would post
the Agenda for the Special Meeting on the 15 th tomorrow.
Motion by First Selectman Denvir to add
two items to the Agenda – Town Office Building Study Committee Budget
and Killingworth Traffic Circle. Voting in favor – Dudek, Denvir, Annino.
Opposed – none. Motion Carried.
9. Town Office Building Study Committee
Budget
First Selectman Denvir noted the TOBSC
has requested a budget in the amount of $2,500 which was far below what
he expected. He noted that if this budget was underfunded, it could
not go back to get additional funds. Motion by First Selectman Denvir,
second by Selectman Annino, that the First Selectman be authorized to
go before the Board of Finance to request $3500 for the Town Office
Building Study Committee's use in completing their charge. Voting in
favor – Annino, Denvir, Dudek. Opposed – none. Motion Carried.
10. Killingworth Traffic Circle
First Selectman Denvir reviewed the State's
plans to redo three “roundabouts” in the State of Connecticut next year.
The plan was reviewed. It was noted the traffic circle is graded in
the wrong way. The State wants to change the grade to the opposite way.
Accident history was reviewed. Motion by Selectman Annino, second by
First Selectman Denvir, that the Town accept the findings of the Connecticut
DOT and bless their plans to make changes at the Killingworth Traffic
Circle (Routes 80 and 81). Voting in favor – Denvir, Annino, Dudek.
Opposed – none. Motion Carried.
8. DLD Announcements
First Selectman Denvir noted the Land Use
Committee pointed out he incorrectly said all the fields would be irrigated.
The baseball fields are not going to be irrigated. The all purpose fields
will be irrigated.
First Selectman Denvir noted he met the
new Barracks Commander at Troop F. He would be interviewing for a new
resident trooper soon. He also pointed out there is a new format for
the criminal activity reports which is easier to read.
First Selectman Denvir noted the International
Institute of Municipal Clerks has recognized Linda Dudek as a Master
Municipal Clerk which leaves Ms. Dudek only one step from the top. The
Board of Selectmen congratulate and thank Ms. Dudek.
First Selectman Denvir noted that computer
bids should also be added to New Business. He reviewed the computer
bids. Motion by First Selectman Denvir to award the computer bids to
Fuss and O'Neill Technologies. Voting in favor – Denvir, Dudek, Annino.
Opposed – none. Motion Carried.
9. Selectmen's Concerns
Selectman Annino noted he would like to
know the status of the funds that had been put aside for the painting
of the Library Building . There is also a rumor that they would like
to put siding on the building. Selectman Annino noted the Library Board
is worried about the building deteriorating and urged Mr. Denvir to
include the Library Building and Grounds Committee in discussions regarding
the building.
Selectman Annino noted a recent document
was distributed from IBIC having to do with pension fund assets. He
asked if a meeting could be set with Jack Kneale to review this document.
10. Executive Session
Motion by First Selectman Denvir, second
by Selectman Annino, to go into Executive Session at 9:10 PM . Voting
in favor – Denvir, Dudek, Annino. Opposed – none. Motion Carried. Motion
by First Selectman Denvir to come out of Executive Session at 9:10 PM
. Voting in favor – Denvir, Dudek, Annino. Opposed – none. Motion Carried.
Mike Board was recognized. Mr. Board noted
that earlier Mr. Denvir recommended that comments be taken before the
Board of Education rather than before this Board regarding the risk
of loosing a lot of money if the school goes forward with construction.
He didn't feel it would make any sense to go before the Board of Ed.
Mr. Boulay noted the Board of Selectmen should go back to the BOE and
offer caution to them because they are not paying the bill, the Townspeople
are. There was a brief discussion regarding the Venuti appraisal and
a potential FOI request. Messrs. Venuti and Denvir had further discussion
regarding negotiations and the sequence of events. Mr. Board noted that
if in the next 5 days one of the other selectmen looked at the appraisal
and called him to say there may be damage done by the FOI request, he
might reconsider.
4. Tax Abatements and Refunds
The following tax abatements and refunds
were reviewed –
$ 83.39 Joy Lucas, Tax Abatement
$ 27.84 Dorothy Gertsch, Tax Abatement
$ 29.60 Jean Sparks, Tax Abatement
$ 18.14 Sebastian Tuccitto, Tax Abatement
$ 24.64 Anthony Hall, Sr., Tax Abatement
$128.42 Toyota Motor Credit Corp., Sold
Motor Vehicle
$ 64.9 3 Toyota Motor Credit Corp., Sold
Motor Vehicle
$ 11.41 William Schuyler, Traded Motor
Vehicle
$ 71.67 Diane Lucier, Traded Motor Vehicle
$119.04 VT Inc. TSTEE Wolt, Sold Motor
Vehicle
$ 19.34 Steven Yates, Sold Motor Vehicle
$112.84 Wells Fargo Auto Leasing, Sold
Motor Vehicle
$198.40 Marguerite Gaylord, Adjusted Assessment
$ 56.05 Mary Ann Kilby, Vehicle Registered
Out of State
Motion by Selectman Annino, second by Selectman
Dudek, to approve the tax abatements and refunds as reviewed. Voting
in favor – Annino, Dudek, Denvir. Opposed – none. Motion Carried.
10. Executive Session
Motion by First Selectman Denvir to go
into Executive Session at 9:40 PM to discuss personnel. Voting in favor
– Denvir, Dudek, Annino. Opposed – none. Motion Carried. Motion by First
Selectman Denvir to come out of Executive Session at 10:20 PM . Voting
in favor – Denvir, Dudek, Annino. Opposed – none. Motion Carried. No
action was taken during Executive Session.
11. Adjournment
Motion by Selectman Annino, second
by Selectman Dudek, to adjourn at 10:21 PM . Voting in favor – Dudek,
Denvir, Annino. Opposed – none. Motion Carried.
TOP
Minutes of
The Special Meeting of the Killingworth Board of Selectmen
August 27, 2004
First Selectman Denvir commenced the meeting
at 8:40 a.m. Also present was Selectman Louis Annino.
The Pledge of Allegiance was recited.
Selectman Annino asked that the order of
agenda items be changed. The traffic circle improvements were discussed
first.
The First Selectman indicated he had been
contacted by a rep. from the State DOT regarding a statewide initiative
to revisit and potentially redesign all traffic rotaries and traffic
circles in the State. The DOT was scheduled to meet wit h the First
Selectman on Tues., Aug. 31 to tour our traffic circle and discuss improvements.
The First Sel. invited Mr. Annino to attend.
The Selectman's vacancy was then discussed.
The First Selectman spoke at length regarding the replacement process.
He indicated he had