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.

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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 -

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.

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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.

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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.

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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.

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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.

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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 spoken with Mr. Annino's nominee, Cathy Amoia, and found her to be an engaging and civic-minded individual. However, he could not support her in view of the state statute. The First Selectman then disclosed that the KRTC had considered eleven different individuals for the vacancy. He had spoken with seven of them, including two democrats. He had also recently contacted fire chief Fred Dudek to determine his interest in the position. He then recused himself from the selection process so that Annino would have no concern that the vacancy would be filled by a “hand picked” individual.

The First Selectman nominated Mr. Dudek. Mr. Annino said he could not support the nominee. The First Selectman offered to call a special meeting for Monday to allow Mr. Annino to speak with Mr. Dudek over the weekend. Mr. Annino indicated that would not be necessary, as he had decided not to agree to fill the vacancy, stating he wanted the Republican elected officials, per state statute, to fill the position. The First Selectman asked Mr. Annino to cite reasons why he could not support Mr. Amport or Mr. Dudek. Annino replied that he had already given his reason. The First Selectman offered to continue the process of trying, at the Selectmen's table, to fill the vacancy. Annino said he would no longer discuss the issue and that he wanted the 30 days to pass without the Selectmen filling the vacancy.

There was no further discussion and the First Selectman called for a vote. Voting in favor: Denvir. Opposed: Annino.

Denvir moved that the First Selectman be authorized to call, in his discretion, a Town Meeting to approve the annual report for FY 2003- 2003, act on a revised 5 year capital plan, and conduct such other items of business as the Selectmen may choose to add. There was no discussion. Voting in favor: Denvir, Annino. Opposed: none.

The First Selectman moved to adjourn the meeting until 10:00 a.m. on Tues., August 31. Voting in favor: Denvir, Annino. Opposed: none.

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MINUTES of the
REGULAR MEETING of the BOARD OF SELECTMEN
Held August 23, 2004

First Sel. Denvir convened the meeting at 7:00 p.m. Selectman Annino was present.

The Pledge of Allegiance was recited.

Denvir moved to approve minutes of the Selectmen's meeting of

August 9, 2004. Annino requested a change to reflect that in that meeting Peter Venuti was recognized to discuss the Reservoir Road Bridge, not Lover's Lane. Denvir moved approval of the amended minutes. There was no discussion. Voting in favor: Denvir, Annino. Opposed: none.

The Visitor's section commenced with the First Selectman asking if any visitors wished to address items on the Agenda. A number of visitors indicated they did, and wished to address the items as they came up on the agenda.

Tax Abatements and Refunds was moved to the end of the meeting to accommodate the many visitors present.

Appointments and vacancies:

No names for the vacancy, and potential second vacancy (due to non-attendance) on the Conservation Commission were proposed.

Denvir asked Mr. Annino if he was prepared to discuss the Selectman's vacancy. Annino said yes, and took issue with a newspaper account claiming the First Selectman had to approve any potential Republican nominee, claiming the First Selectman was trying to control the process. The First Selectman asked Annino whether the newspaper article directly quoted the First Selectman. Annino said it did not, and Denvir indicated that Annino's comments were therefore inappropriate as they did not reflect Denvir's views.

Annino nominated Kathy Amoia to the Board, indicating she is a new resident to town who serves on the Democratic Town Committee and writes for the Killingworth Krier. He indicated she would not stand for election in Nov. '05 or in a special election if one were called by petition. Denvir asked if she has held elective office. Annino said she did not. Denvir asked if elective experience should be recognized as an important criteria. Annino said it should only be a criteria. Denvir discussed the state statute and the manner it permits the party that holds the vacancy to fill the vacancy and questioned why Annino deferred to the statute and permitted a Republican to be named by the Selectman when this occurred in 2001, but would not defer to the statute now. Annino claimed he was concerned about continuity since LeVasseur and Morgan didn't finish their terms. Denvir pointed out that if Amoia would not seek to be elected to the position, this only hurt impeded continuity.

Denvir indicated that in view of the statute he would have a difficult time supporting Ms. Amoia, particularly since she had not held a town office. Denvir asked if Annino had any other nominations. Annino did not. there was no further discussion. Voting in favor: Annino. Opposed: Denvir.

Denvir nominated John Amport, citing Amport's elective service on the Board of Finance, and his involvement with other civic groups. Voting in favor: Denvir. Opposed: Annino.

There was no Old Business .

New Business:

the Bosco recreation plan was discussed. Denvir reviewed the original plan, the scaled back plan that was to cost 4.4 million but virtually carve the original plan in half, and the (again) revised plan, approved by the Land Use Committee, to build essentially the same plan as the original plan, without the southernmost all-purpose field, for a cost not to exceed $5.25 million.

Peter Venuti was recognized; he raised issues about the new school and their potential need for more land. Edward Sipples was recognized and asked about what facilities would be constructed, and whether irrigation was planned for all fields. Michael Board was recognized, and expressed concern over cliffs on the site. Michael Venuti was recognized and talked about the implications of the lawsuits regarding the school approval by the PZC, and how this might impact Bosco if the appeals are sustained. Jim Thomsen was recognized and talked about the possible implications of blasting. Michelle Cumpstone was recognized, and presented a petition from 70+ residents in support of the plan. There were no other visitors on the topic.

Denvir moved that the Board of Selectman approve, and recommend to the Board of Finance for their action and approval, and remove to a referendum vote if so approved by the Board of Finance, construction of the Bosco recreation complex as detailed in written materials from Clough Harbour and Associates dated July 27, 2004, such construction, design and incidental costs not to exceed $5.25 million, and that such funds be raised by the issuance of bonds; and, that a public “walk” or inspection of the property precede any referendum vote. There was no further discussion. Voting in favor: Denvir, Annino. Opposed: none.

The Town Center plan to move the transfer station was discussed. Denvir indicated he was reporting to Annino on matters Annino had previously inquired about. Specifically, Denvir had balked at signing a work order changing the scope of the design until he obtained more information justifying the $105,000 change. Peter Venuti was recognized, and criticized the plan. He presented a one-page estimate of curbside waste removal fees assessed in the Town of North Branford.

Resolutions authorizing the First Selectman to sign vehicle lease-purchase agreements were presented. Moved by Annino. Voting in favor: Denvir, Annino. Opposed: none.

Tax refunds were presented as follow: refunds to: Walter Kowalski, $16.12; Marcia Cardoso, $53.07; Theodore Anielski, $10.73; George Mandes, $100.90; U B Vehicle Leasing Inc. Agent, $553.78; U B Vehicle Leasing Inc. Agent, $508.20; Toyota Motor Credit Corp, $253.95;

Daniel Mullane, $23.81; Kim Digirolamo, $6.70; Paul Wassmer, $100.69;

Robin Chasse, $15.13. Moved to be approved by Annino. Voting in favor: Denvir, Annino. Opposed: none.

Under Announcements and Concerns Denvir discussed his recent visit with Annino to a meeting of the WPCA where installation of additional test wells was discussed. It was the consensus of Denvir and Annino that installation should be delayed until the WPCA recommends a future course of action re the sludge lagoons, a recommendation expected before June of 2005. Denvir complimented the Pay As You Throw Committee in helping Killingworth increase it's recyclables by 35%.

There being no further business, Denvir moved to adjourn at 8:22 p.m. Seconded by Annino. There was no discussion. Voting in favor: Denvir, Annino. Opposed: None.

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MINUTES of the
REGULAR MEETING of the BOARD OF SELECTMEN
Held August 9, 2004

First Sel. Denvir convened the meeting at 7:00 p.m. Selectman Annino was present.

The Pledge of Allegiance was recited.

Denvir moved to approve minutes of the Selectmen's meeting of

July 26, 2004. Seconded by Annino. There was no discussion. Voting in favor: Denvir, Annino. Opposed: none.

The Visitor's section commenced with the First Selectman asking if any visitors wished to address items on the Agenda. Selectman Annino indicated he had been contacted by residents sometime after 3:30 p.m. on August 6, 2004 requesting that items be added to the agenda, and that he (Annino) had promised he would add them even though the agenda for the meeting was already posted. Michael Board was one of those residents, and in view of Mr. Annino's promise to Mr. Board, M. Board was recognized. He read a statement accusing the First Selectman of deliberately pressuring former Selectman Morgan into resigning, so that he (Denvir) could fill the vacancy with his handpicked choice.

Gere Adametz asked to be recognized to discuss the Bosco project and the widening of route 81, and asked to address the matters as they arose on the agenda. A brief discussion of Bosco ensued, with Hilary Kumnick being recognized.

Peter Venuti was recognized to discuss the Lover's Lane bridge. The First Selectman provided an update as to discussions with the Town Engineer that occurred two weeks prior to this meeting.

No other visitors requested to speak.

Tax abatements and refunds were moved to the end of the agenda to accommodate the business that had drawn so many (standing room) visitors.

Appointments and Vacancies :

The First Selectman reminded those assembled of the resignation of Mils Ogden from the Conservation Commission. Annino indicated the democratic party would defer this nomination to the republican party since the vacancy was a republican seat.

The First Selectman asked Mr. Annino how he wanted to handle to repeated absences of a member of that Commission, absences brought to this Board's attention by the Chair, Mr. Gumbart. Mr. Annino indicated the time has come to inform that individual that they have been removed from the Commission for lack of attendance.

The First Selectman spoke to the resignation of Selectman Charles Morgan, praising him for his service. Discussion ensued as to the replacement process. The relevant Charter provisions and State Statutes were examined. It was agreed that State Statutes grant great deference in the selection process to the party that holds the vacant seat. Mr. Annino was asked if he wished to present a candidate. He did not, stating his party wanted more time to come up with a name, and that they wished a special election to be called. The First Selectman discussed the time frames for appointments and special elections.

The First Selectman nominated John Amport for the vacancy, citing his service as an elected member of the Board of Finance. No second was necessary or requested. After discussion a vote was called. Voting in favor: Denvir. Voting in opposition: Annino.

The First Selectman asked Mr. Annino to discuss the qualifications Mr. Annino thought were appropriate to a candidate for the position. Mr. Annino declined to discuss the matter further.

Old Business matters included an update of: the appeal of the Superior Court decision in the Graf (zoning regulations for dogs) matter; the recent meeting of the WPCA attended by Selectmen Annino and Denvir; the Town Center Plan. Additional discussion ensued regarding the Bosco Recreation Plan, with Mr. Annino indicating he would be prepared to vote upon the plan in two weeks time.

New Business matters included selective widening of Route 81 in areas abutting the new school location, the elementary school, and Recycle Way . Both Selectmen approved, by consensus, this limited widening. The rollover of the Town's bond anticipation notes was discussed.

Selectman's concerns : Selectman Annino requested an update regarding traffic counters on Lover's Lane. The First Selectman indicated he was meeting wit h CRERPA on Wednesday morning, and would obtain an updated installation estimate. Selectman Annino inquired as to whether our Tree Warden had ever been properly sworn following his appointment. Selectman Annino inquired as to the status of union negotiations.

Tax abatements and refunds were revisited and presented as follows. Refunds to:

Stuart Fox $ 57.78

William Schuyler 6.20

Thomas Dowling 65.47

James Nuhn 48.11

Honda Lease Trust 102.92

Honda Lease Trust 78.62

Honda Lease Trust 104.66

Honda Lease Trust 78.62 (NOT a duplicate)

James Puska 128.22

Chrysler Financial 109.86

William Lyons $ 36.70

Elmer Brainard 55.44

Thomas Edwards 23.81

James Jamieson 10.17

Cynthia Zils 137.39

Virginia Lane 78.12

Todd Hajak 493.80

George Potasy 8.68

Mark Eimann 82.83

Lease Plan USA Inc. 162.86

Chase Manhattan Auto Fin. Corp. 244.63

Amy Oulette 67.70
Eric Lemelin 12.90

Denvir moved approval. Seconded by Annino. There was no discussion. Voting in favor: Denvir, Annino. Opposed: None.

Mr. Annino inquired as to the status (explanation) of two invoices submitted for payment.

There being no further business, Denvir moved to adjourn at 8: 05 p.m. Seconded by Annino. There was no discussion. Voting in favor: Denvir, Annino. Opposed: None.

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MINUTES of the
REGULAR MEETING of the BOARD OF SELECTMEN

MINUTES of the
SPECIAL MEETING of the BOARD OF SELECTMEN

Held July 13, 2004

First Sel. Denvir convened the meeting at 8:30 a.m. Present were Selectmen Morgan and Annino.

The Pledge of Allegiance was recited.

Denvir moved to approve minutes of the Selectmen's meeting of June 14, 2004 with the following changes: Page 4, sec. 3, sentence 2: strike “testing”; insert “design. Same section, sentence 4: Strike “1”; insert “and one more to be”. Seconded by Morgan. Discussion ensued by Annino as to form of minutes to be recorded in the future. Voting in favor: Denvir, Morgan, Annino. Opposed: none. The motion carried.

Denvir moved to approve minutes of the Selectmen's meeting of June 29, 2004 with the changes as set forth on the copy appended hereto. Seconded by Morgan. Seconded by Morgan. There was no discussion. Voting in favor: Denvir, Morgan, Annino. Opposed: none. The motion carried.

Morgan moved to approve minutes of the Special Selectmen's meeting of July 6, 2004 . Seconded by Annino. There was no discussion. Voting in favor: Denvir, Morgan, Annino. Opposed: none. The motion carried.

Denvir requested if any visitors wished to address items on the Agenda. Michael Board was recognized and read a letter about the presence of Board of Finance members at a recent Selectmen's meeting. No other visitors were recognized.

Denvir moved to appoint Robert Alt, Arlene Tunney, James Lally, Gwenne Lally and Stephen Hollander to the Town Office Building Study Committee. Seconded by Annino. There was discussion about a planned walk-through of the Pharmedica building. Voting in favor: Denvir, Morgan, Annino. Opposed: none. The motion carried.

Old Business: Denvir provided an update of the Reservoir Road Bridge , the Bosco Heat, and the first meeting of the Town Office Building Study Committee. Denvir moved that the First Selectmen be authorized to call a Town Meeting at a time and place to be determined for: acceptance of the annual report, and approval of an updated 5 year capital plan. Seconded by Annino. Annino asked that the plan be shared with the entire Board before the meeting. Voting in favor: Denvir, Morgan, Annino. Opposed: none. The motion carried.

New Business: Denvir indicated he is evaluating the computer system bids, and that he will soon post a job opening for the Municipal Agent for the elderly. Annino asked that the FOI matter he brought against the Board of Selectmen be dropped. During discussion, Denvir asked Annino to articulate what authority he (Annino) believed the Board of Selectmen had over the school board. Annino did not state what authority existed. Annino moved that Town Counsel not be permitted to participate further in the FOI matter entitled Louis Annino, Sr., Complainant v. Killingworth Board of Selectmen. There was no second. Voting in favor: Annino. Voting against: Denvir, Morgan.

Selectmen concerns: An inquiry was made as to the status of the traffic count on Lover's Lane. Reference was made to the memo/letter requesting the Town Engineer to conduct the count. Denvir reported he would try to learn what the delay was.

There being no further business, Annino moved to adjourn at 9:08. Seconded by Morgan. There was no discussion. Voting in favor: Denvir, Morgan, Annino. Opposed: none.

 

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Minutes of
The Special Meeting of the Killingworth Board of Selectmen

July 6, 2004

First Selectman Denvir commenced the meeting at 7:04 p.m. Also present was Selectman Louis Annino.

The Pledge of Allegiance was recited. Selectman Annino confirmed that all Bids in First Selectman Denvir's possession were sealed, and the First Selectman confirmed that as far as he could tell, all bids presented were received in advance of the published deadline. The First Selectman opened the following bids in the following order:

Fuss & O'Neill: $ 16,765.00

Retrofit: $ 17,691.49

CDW-G: $ 18,073.60, exclusive of any wiring charges

Network IT: $ 25,653.19

Connecticut Management

Services, LLC: $ 26,928.00

The Ergonomic Group: $ 26,763.00

 

The First Selectman indicated he would review all bids and report to the Selectmen, and moved to adjourn at 7:16 p.m. Seconded by Annino. All voted in favor.

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