1. Call to Order

The Killingworth Board of Selectmen held a special meeting on Tuesday, June 29, 2004, at the Killingworth Town Office Building, 323 Route 81, Killingworth. In attendance were First Selectman David Denvir and Selectman Charles Morgan. First Selectman Denvir called the meeting to order at

6:00 PM .

The Pledge of Allegiance was recited.

2. Approve Minutes of June 14, 2004

This item was tabled until the next meeting.

3. Visitors

M. Board – Study Board of Education and Building Committee Minutes

First Selectman Denvir noted Mr. Board had called ahead of time and indicated he would not be able to attend this meeting.

First Selectman Denvir noted in the future the Visitors section will not contain the names of individuals but the topic of issues to be addressed.

J. Thompson – Review of Action/FOI Decision

Mr. Thompson asked if the recent issue having to do with the dog litigation was exposing the Town to others having multiple dogs. First Selectman Denvir noted this Board voted to pursue this matter on the recommendation of Planning & Zoning and Town Counsel. It was precisely for that reason and that the entire zoning scheme based upon accessory uses is jeopardized. He indicated the Zoning Regulations simply cannot specify in detail everything one can or cannot do on that property. This decision implied that accessory uses don't apply anymore in Killingworth because the regulations didn't specifically say that dogs are a reasonable and inherent accessory use. Household pets are an accessory use. What this does is require a list of every single item with specificity (how many of each, etc.). If the Town loses in this appeal, the Planning & Zoning Commission will have to go back and dramatically rewrite the regulations to put this decision into effect to specifically limit the number of dogs. One property owner has taken the concept of accessory uses for pets way beyond anything reasonably imagined. Every single person will be subject to strict enforcement of a law that says one will have so many dogs and that's it. If the Town does lose in its appeal and the Zoning Commission must rewrite the regs taking maybe 10 months to do, he wasn't sure whether those in the meantime before the Zoning regulations were changed would be grandfathered.

A question was asked if it would have made a difference if the property owner had applied for a kennel license. First Selectman Denvir replied that he didn't really know. One difference between the Westbrook case and the Killingworth case was that the people in Westbrook were talking about using the property as a kennel and the people in Killingworth made it clear they were a private resident with as many dogs as they wanted.

4. Tax Abatements and Refunds

$590.00 Timothy and Mary Withington Overpayment of Real Estate Taxes

Motion by First Selectman Denvir, second by Selectman Morgan, to approve the above mentioned tax abatement and refund as reviewed. Voting in favor – Denvir, Morgan, Annino. Opposed – none. Motion Carried.

5. Vacancies & Appointments

1. TOB Study Committee

First Selectman Denvir noted the Town Office Building Study Committee will reconvene this evening and members are needed to serve on it.

6. Old Business

Motion by First Selectman Denvir, second by Selectman Morgan, to add the following items to the Agenda in no particular order –

•  Discussion of the Rental Fees for Sludge Lagoons

•  Authorization to Call a Town Meeting

•  Action of the Road Striping Petition

•  Flux Time or Comp Time for Individuals that did not receive the Reagon Burial holiday off from work

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

Discussion of the Rental Fees for Sludge Lagoons

First Selectman Denvir noted there was a $1000 increase in the rental fees for the sludge lagoons in the approved budget. Mrs. ? has indicated she is not willing to accept anything less than $2500 due to the fact she incurred substantial insurance increases when she decided that she was going to occupy the dwelling (daughter lives there). The insurance company, learning about the sludge lagoons, wanted some kind of pollution insurance. Mr. Denvir noted he has asked for copies of the insurance policy and invoices but doesn't expect to receive them. There are two choices here - one to agree to the $2500 and two is to go back and say that it wasn't approved by the Town. The property owner can either accept the $1000 or lose the $40,000 a year. Selectman Morgan noted he would like to see the paperwork. It was recommended the First Selectman try to negotiate something. Mr. Denvir noted the lease still needs to be signed and the first payment should go within the next two weeks.

Authorization to Call Town Meeting

Action of the Road Striping Petition

First Selectman Denvir noted a Town Meeting must be called to amend the 5 year capital plan to get some projects eligible for LOCIP. He also requested that a Town Meeting be called to address the road striping issue. Mr. Denvir indicated two petitions were filed from residents of Roast Meat Hill Road . The first petition had close to 100 signatures but did not have a circulator statement. The second petition had a circulator statement and about 60 signatures objecting to the striping of the roads and asked it to be rescinded. Mr. Denvir noted that Selectman Morgan pointed out the petition does not request a Town Meeting. He (Denvir) indicated the Town Charter simply says a Town Meeting will be called if a petition is received signed by 50 or more electors and the question shall be framed in accordance with what they have asked. Selectman Morgan noted there is some debate about this issue, which he has looked into. He again pointed out that the petition does not ask for a Town Meeting but it specifically asks the Board of Selectmen to reconsider and rescind their decision. First Selectman Denvir read from the Town of Killingworth Charter regarding petitions. He also read the petition. He agreed that the petition does not ask for a Town Meeting, but the Charter says that the Board of Selectmen shall call a Town Meeting whenever it received a petition signed by 50 or more electors. Motion by First Selectman Denvir that the First Selectman be authorized to call a Town Meeting at his discretion to include, but not limited to, a proper call formed consistent with the Charter with regard to the petition received, amendment of the 5 year capital plan, acceptance of the Annual Report and such other items as this Board may agree. There was no second. Voting in favor - Denvir. Opposed - Morgan. As the vote was a tie, First Selectman Denvir noted that consistent with the Charter, he will consider calling a Special Town Meeting on his own authority.

S electman Annino arrived at this time and asked to be brought up to date on the discussion at hand. First Selectman Denvir noted he added a couple of items to Old Business due to the fact a generic Agenda was used in his absence and he had some items that needed to be discussed. He explained that he had read from the Town Charter and has advised Mr. Ward to go ahead with the striping of the roads. This was done in view of the fact that Selectmen Morgan and Annino voted in favor of striping the roads and he (Denvir) was considerably opposed. Mr. Denvir noted this is not about him trying to avoid having the roads striped. He expected they were going to be done while he was on vacation. Mr. Denvir noted that on June 15 th a petition was received by the Town Clerk. Mr. Denvir then read from the Town Charter and from the petition. It was agreed that the petition does not ask for the calling of a Town Meeting. Mr. Denvir's position was that the Charter does not specifically say the petition must call for a Town Meeting, it says the “Board of Selectmen whenever it shall receive a petition signed by 50 persons entitled to vote at Town Meetings shall call a special town meeting within 30 days, etc. etc.” Mr. Denvir felt the fact that there was no request for a Town Meeting should be ignored. He further explained that he made a motion to call a special town meeting to discuss approval of the annual report, to discuss modification of the 5 year capital plan to make certain projects eligible for LOCIP funds and to discuss this as he believed was required by the Charter. The vote was a one to one tie and the motion did not carry. Subsequent to that Mr. Ward suggested (tape was turned over didn't hear what Jim had said and also didn't hear it earlier in the meeting).

Selectman Annino asked whether the petition was a bono fide petition. Selectman Morgan replied yes, the information has been verified. Motion by First Sslectman Denvir that the First Selectman be authorized to call a Town Meeting for the purpose of discussing the following 3 matters 1) Petition regarding the road striping, 2) Revising the 5 year Capital Plan and 3) Acceptance of the Annual Report, and such other matters as this Board may agree. Voting in favor - Denvir. Opposed - Morgan, Annino. Motion Failed. First Selectman Denvir asked Selectman Annino why he was disregarding the petition. Selectman Annino noted that he felt the whole Charter needed revising; there are so many holes in it that is it a sieve. This is just one more hole.

7. New Business

1. Increased Exemption for Veterans

Selectman Annino noted he has been following with great interest what has been going on in other towns. The Town of Durham has just gone through this process and sent a sample copy for review. Selectman Annino would like this turned over to the Board of Finance with the charge to get this done with dispatch. The Town of Killingworth should be leading the charge to get veterans a break on their property taxes. Motion by Selectman Annino, second by Selectman Morgan, that the Board of Selectmen ask the Board of Finance to explore this subject with dispatch. Voting in favor - Annino, Morgan, Denvir. Opposed - none. Motion Carried.

2. Bid Opening/Small Truck Equipment

First Selectman Denvir noted there were 3 bids received for the Town's snow package. First bid received from Tenco New England - $30,000 with a series of 3 options. Option 1 would be $34,785; Option 2 would be $34,210 and Option 3 would be $30,825. Second bid received from W. H. Rose Inc. - $16,784 with Option 1 at $5,793, Option 2 at $875. Third bid received from W. H. Rose Inc. - $29,923 with Option 1 at $4,980, Option 2 at $4,380 and Option 3 at $875. First Selectman Denvir suggested these three bids be passed along to the Highway Foreman for his evaluation and recommendation. It was also noted for the record that all bids were sealed and opened at this meeting before the 3 Selectmen.

Mr. Ward noted they reviewed the Chevrolet Silverado bids and recommend Mallon Chevrolet which was the low bid at $29,450. This figure was actually lower than the State bid.

 

Motion by First Selectman Denvir to add an Agenda Item under New Business, Awarding of the Bid for the bids opened about 3 weeks ago for the Silverado. Voting in favor - Denvir, Morgan, Annino. Opposed - none. Motion Carried.

Motion by First Selectman Denvir, second by Selectman Annino, that the Town go with the recommendation of the Highway Department and award the bid for the Chevrolet Silverado to the low bidder, Mallon Chevrolet. Voting in favor - Denvir, Annino, Morgan. Opposed - none. Motion Carried.

3. “Clarification of FOI Statement by Denvir in Papers” per L. Annino, Sr.

Selectman Annino noted Mr. Denvir had made a statement in the newspapers that legal representation for this subject had cost the town thousands of dollars. Mr. Annino asked for a copy of the invoice. Mr. Denvir noted Mr. Annino was welcome to come in and look at the bill at any time. Selectman Annino questioned whether this expenditure was necessary.

8. DLD Announcements - Cancellation of BOS Meeting of 7/12/04

First Selectman Denvir noted he would like to reschedule the July 12 th meeting. That meeting was rescheduled to Tuesday, July 13, 2004 , at 8:30 AM .

9. Selectmen's Concerns

There was a brief discussion regarding a recent letter written by Mike Board and the recent flyer that went out from the Board of Education School Building Committee listing the Killingworth Board of Selectmen and Planning & Zoning Commission Members with phone numbers. Selectman Morgan stated that he would be directing any phone calls he receives on this topic directly to members of the School Building Committee and the Board of Education. The Selectmen/Planning & Zoning members are not the proper people to be answering these questions. Selectman Annino agreed with Mr. Morgan in his assessment of the situation. He was concerned that the case would be prejudiced before it even gets started. First Selectman Denvir noted his comments would not be appreciated because he strongly disagreed with the positions stated by Selectmen Annino and Morgan. Both Selectmen Annino and Morgan indicated they would like to hear First Selectman Denvir's comments in public.

First Selectman Denvir noted the remaining issue to be discussed this evening was a salaried employee who did not get the Federal and State Holiday for the Reagan burial off because they were scheduled to attend a training class at the University of Connecticut as part of their annual recertification. The school was not cancelled because it was a Federal and State holiday. Mr. Denvir noted three members of the highway department had to work that day to get the dump ready for Saturday. He was not inclined to pay comp time to salaried employees for that day. Motion by Selectman Annino, second by Selectman Morgan, to pay comp time to the salaried employee who did not get the Federal/State holiday off for the Reagan burial day. Voting in favor - Annino, Morgan. Opposed - Denvir. Motion Carried.

First Selectman Denvir noted that as a result of the fact that the AFSCME Contracts are not in place, he has instructed the bookkeeper that no individuals belonging to the bargaining units shall receive raises effective July 1 st until the contracts are in place. The raises will thereafter be retroactive. The reason for this is because the raises have not been agreed upon. The past practice is that those monies have been awarded automatically and since these are collective bargaining agreements, he didn't find that to be appropriate. A member of the highway department has pointed out the current agreement says cost of living awards will be determined and paid, but it also says they can be incorporated into some kind of negotiated agreement. First Selectman Denvir noted he wasn't sure what direction this would go in.

 

There was a brief discussion regarding the fact the Tax Collector's Office would be closed on Wednesday, June 30, 2004 , to allow for the closing out of the fiscal year.

First Selectman Denvir noted there is a Board of Selectmen Special Meeting on July 6, 2004 to open the computer bids. Selectman Morgan noted he would not be present for that meeting.

Jim Ward and Walter Adametz returned to the meeting with a recommendation regarding the snow bids. They recommended TENCO for the large truck and W. H. Rose for the little truck. It was noted W. H. Rose didn't meet the specs for the large truck. Motion by First Selectman Denvir, second by Selectman Morgan, that pursuant to the bid specs published that Bid Item #1 be awarded to TENCO in the amount of $35,035, and Bid Item #2 be awarded to W. H. Rose Inc. in the amount of $23,452, on the specific condition that both bids are within the budgeted amount. Voting in favor - Denivr, Morgan, Annino. Opposed - none. Motion Carried.

10. Adjournment

Motion by First Selectman Denvir, second by Selectman Annino, to adjourn. Voting in favor - Denvir, Annino, Morgan. Opposed - none. Motion Carried.

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Killingworth Board of Selectmen
Regular Meeting Monday, June 14, 2004

1. Call to Order

The Killingworth Board of Selectmen held its regular meeting on Monday, June 14, 2004, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were First Selectman David Denvir, Selectman Louis Annino and Selectman Charles Morgan. First Selectman Denvir called the meeting to order at 7:00 PM .

The Pledge of Allegiance was recited.

2. Approve Minutes of Regular Meeting Held May 24 th and Special Meeting of June 7, 2004

Motion by Selectman Morgan, second by First Selectman Denvir, to approve the May 24, 2004 Minutes as written. Discussion followed. Selectman Annino noted the written minutes indicate that the tape recording of that meeting had an error in that it had been turned over twice instead of once. He asked whether someone else's tape could be borrowed and listened to in order to fill in the blanks. He felt a lot of dialog that was lost from that meeting would be of interest to the community. He asked whether First Selectman Denvir didn't think that was important. First Selectman Denvir noted he took issue with Selectman Annino's statement that he didn't think this was important. VOTING IN FAVOR – Morgan, Denvir. Opposed – Annino. Motion Carried.

Motion by Selectman Morgan, second by First Selectman Denvir, to approve the June 7, 2004 Special Meeting Minutes as written. VOTING IN FAVOR – Morgan, Denvir, Annino. Opposed – none. Motion Carried.

3. Visitors

Visitors present included Jere Adametz, Jim Thomsen, Mike Board, Arleen Tunney, Michael Venuti, Peg Scofield, Peter and Linda Venuti, Charles Stannard and Shannon OCork.

First Selectman Denvir noted the Board of Selectmen had a discussion in a Special Meeting held June 7, 2004 regarding Visitors Protocol. He indicated the Visitors section of the meeting has become unworkable because the same subjects are being visited over and over again. As of the first Board of Selectmen meeting in July, the Visitors will be asked if there is anyone who would like to address items on the Agenda. Items not on the Agenda will not be discussed. The Selectmen remain fully available during regular office hours to meet either privately, or together, with Town citizens. First Selectman Denvir reminded everyone the Agenda is posted 24 hours in advance, so anyone wishing to place an item on the Agenda must do so before it is filed. Copies of the Agenda are posted in the Selectmen's Office, the Town Clerk's Office and the Notice Board out in front of the Town Hall.

First Selectman Denvir recognized Jere Adametz. Mr. Adametz noted he didn't have anything to say at this time.

First Selectman Denvir recognized Mike Board. Mr. Board noted then that as he understands it, in order for the visitors to speak, they must be on the Agenda. First Selectman Denvir noted the item to be discussed must be on the Agenda. Mr. Board asked when visitors would have an opportunity to address the Selectmen as a body.

Mr. Thomsen asked if that meant that anybody could speak on that subject. First Selectman Denvir noted that really hasn't been worked out yet.

First Selectman Denvir recognized Arleen Tunney. Ms. Tunney asked whether Mr. Denvir had requested that Mr. Pfrommer put out the measuring equipment on Lovers Lane yet. He replied that he had. Ms. Tunney asked how Mr. Denvir came to the conclusion that there needed to be a new visitor protocol. First Selectman Denvir replied there has been too many unproductive meetings recently where people just shout out their opinions at any time. Ms. Tunney asked Mr. Denvir if he didn't think that as part of a democracy the people should have the right to come and voice their opinion. Mr. Denvir noted the Agenda must be posted in the Town Clerk's Office one full business day before the meeting. Mr. Denvir noted he did not wish these meetings to become argumentative or confrontational.

Peter Venuti was recognized. He asked about the status of the Reservoir Road Bridge . First Selectman Denvir noted the Highway Department has discussed the idea of replacing what is currently there. This has also been discussed with the Wetlands Commission and the Town Engineers, neither of which have any objections. Mr. Denvir indicated they were waiting for a response regarding funding from the Federal Bridge Program. Once there is an answer regarding funding, then the Town can choose the method that is the best repair and the most economical.

Peter Venuti noted there are some trees along the side of the road at 146 Burr Hill Road that need to be trimmed back for better sight distance.

Peter Venuti noted that at a previous meeting, Selectman Annino indicated the pipe at Lovers Lane was plugged. Mr. Ward had said the pipe was crushed. He asked why it wasn't inspected and the road closed if the pipe was crushed. First Selectman Denvir noted he really couldn't respond to that question, because he didn't think that the pipe being crushed meant that the road was unsafe. Selectman Morgan noted Mr. Ward went down the next morning after that meeting and cleared the pipe. Selectman Annino noted Mr. Ward was eluding to the large pipe. He had opened up the three smaller pipes. There is a little disagreement as to whether the large pipe is crushed or just filled up. It is not possible right at the moment without some difficulty to get in there and check out those pipes. Mr. Annino reiterated he would like the counters installed.

Linda Venuti was recognized. She noted she was here just for the entertainment.

Jim Thomsen confirmed that the new protocol will allow someone to ask a question, get an answer, and rebut. First Selectman Denvir noted there is no reason why someone shouldn't be able to ask a question and get a response.

Michael Venuti was recognized. He noted that First Selectman Denvir had stated in his weekly newspaper column that he encouraged debate. Mr. Venuti noted there is nothing wrong with a little give and take. He asked Mr. Denvir if he in fact encouraged debate. Mr. Denvir noted all three selectmen are available and can be reached for discussion of any item. If there is an item on the Agenda, it can be raised and discussed. If an item is not on the Agenda, it can be requested to be put on the Agenda before the Agenda is posted. Mr. Denvir noted the question here seems to imply that he is trying to shut down debate, yet the Board of Selectmen as a whole have said that if an item is on the Agenda, it will be discussed. If it is not on the Agenda, an individual may contact any one of the three Selectmen and discuss a matter. First Selectman Denvir reiterated that the Visitors section of these meetings will start by the person chairing the meeting asking if there are any visitors that want to address any items that are on the agenda for that meeting. Mr. Board played back his tape of the beginning of this discussion to confirm what Mr. Denvir had said earlier. Mr. Board noted that Mr. Denvir had said that if an item is not an agenda item, it will not be considered for the visitors section.

Peter Venuti asked what happens when a newcomer comes in and wants to complain about something. Mr. Denvir replied the Selectmen are always available during the day.

Michael Venuti asked if the Selectmen were aware of an article that came out over the weekend regarding a proposed purchase in the Town of Clinton . It was noted the Clinton Selectmen have agreed to bring to the Board of Finance a proposal to purchase 97 acres for $3.3 million, or $34,000 per acre. Mr. Venuti briefly reviewed his conversation with Jim McCusker from Clinton regarding some of the details. There apparently are some environmental issues and didn't believe any ball fields will ever be constructed there. It will cost the Town money to remove the two seasonal cottages. This will be strictly for passive recreation and hiking trails. Mr. Venuti noted this was about $4,000 more an acre than what they asked for. He also mentioned a piece of property recently purchased in the Town of Westbrook . Mr. Venuti noted he is bringing out the facts that he based his price on and the Selectmen are choosing to ignore them. He asked if the Bosco property was going to be discussed this evening. He heard there was a new study available. Mr. Denvir noted this is on the Agenda for discussion later on in the meeting.

Michael Venuti reviewed a couple of appraisals and assessments he recently saw in the newspaper. He indicated the trend is going up.

Selectman Annino noted that First Selectman Denvir is more vulnerable than the other two selectmen because of his weekly column. Mr. Denvir has caught some flack because of that and has reacted to it.

Michael Venuti noted he understands there is a movement under way to stop the freedom of the press. It has been directed to Shannon OCork from the Clinton Recorder. District 17 officials have either tried to get her fired from printing the facts or removed so she can't print the facts. He urged the Selectmen to stand up and say that this won't be tolerated. Selectman Morgan noted this was news to him. He had not heard this before. He indicated that all three of the Killingworth Selectmen have been very supportive of Shannon . Selectman Annino noted one of the issues is that the school building committee has not been receptive to the community. That is why he was reluctant to go along with the other two selectmen about the new visitors protocol. Selectman Annino noted the Freedom of Information has ruled that the Board of Selectmen held an illegal meeting previously regarding the school. The people have a right to know how their money is being spent and it should be done in the open. There should be a give and take. Why should there be a movement to subvert something that was heard by a reporter. If a reporter hears something that is not correct, it gets corrected. One doesn't call up and threaten to get someone fired. Selectman Annino noted that if this in fact was done, it stands against what our community stands for. Arleen Tunney noted she called the Editor of the Clinton Recorder when she heard about this. She told the editor that Shannon does a very fine job and urged others to call the editor as well. Selectman Annino reiterated he wished there could be a good give and take with the building committee but that it just wasn't in the cards.

4. Tax Abatements & Refunds - none.

5. Appointments/Vacancies - none.

6. Old Business -

1. Town Office Building Study Committee

First Selectman Denvir urged Selectmen Morgan and Annino to alert the Town Committees that individuals are needed to serve on the Town Office Building Study Committee. Selectman Annino asked that Ms. Brown be appointed as the recording secretary for the TOBSC. First Selectman Denvir noted he would so notify the new chairman.

2. School application before Planning & Zoning

First Selectman Denvir noted the public hearing for the school application before the Planning & Zoning Commission will be held on July 6, 2004 at the Killingworth Elementary School .

3. Bosco Recreation Fields

First Selectman Denvir noted both Selectmen should have been copied on the new plan received from Clough Harbour & Associates. He indicated the $3.8 million does not include engineering or soft costs for permitting and testing. There probably needs to be another ½ million added on to that figure. The $3.8 million would provide two soccer fields (1 leveled but not finished), 3 baseball fields, 1 softball field, parking areas and road infrastructure. No basketball, no tennis, no children's playground, no refurbishing, no preservation of any of the buildings. Mr. Denvir noted he has asked C.H.A. to give one last financial cost and that is for the original plan with the exception of the soccer field closest to Jensens.

Michael Venuti noted he felt the Selectmen and the Land Use Committee are to blame for beating a dead horse. He requested over a year ago that C.H.A. come on to the Venuti property to see what better land can do as far as building the fields, and how much more timely and cost effective it would be. The original Venuti offer was $3 million to do the like-Bosco complex representing a $2 million savings. He reviewed the number of fields, the study indicates the Town needs 12 ball fields and Bosco will only supply 9. The 12 fields will only last until 2014. This is a band aid. Mr. Venuti noted the Board of Selectmen have for the past 15 months done everything it could to find an answer to the Town's needs without looking at the one property that could solve it all, the Venuti property.

7. New Business -

1. Park & Recreation Rules for Town Parks

First Selectman Denvir noted the Selectmen should have copies of the proposed Park & Recreation Rules for Town Parks. Selectman Annino noted he didn't have any problem but didn't want to leave anything out. Selectman Morgan agreed. He indicated Park & Rec has been working on this and it pretty much covers all the bases. Selectman Annino noted these are pretty consistent with what the State has at Chatfield Hollow State Park . A couple of changes were suggested. With regard to Dogs, it was noted all dogs should be leashed and it is the owner's responsibility to pick up dog droppings. It was also suggested the glass prohibition should be removed. It was decided the Chairman of Park & Recreation will be asked to come to the next meeting to discuss this.

2. Highway Dept. Vehicle Purchase

First Selectman Denvir noted there were some bids to be opened for the Highway Dept. vehicle purchase. The following bids were opened -

1. Don Mallon Chevrolet/Oldsmobile from Norwich , 2005 Chevrolet Silverado or GMC

3500, $29,450 with a potential option for tires and potential credit.

2. Liberty Chevolet Inc. from Wakefield , Massachusetts , $29,765.00.

3. Jackson Chevrolet from Middlefield, $30,989.49.

Motion by First Selectman Denvir, second by Selectman Annino, to recommend these be sent to the Highway Foreman to confirm the specification requirements and ask for his recommendation. VOTING IN FAVOR - Denvir, Annino, Morgan. Opposed - none. Motion Carried.

3. Petition from Concerned Voters

First Selectman Denvir noted a petition was submitted today (and will be given to the Town Clerk tomorrow) from 60 residents from Roast Meat Hill Road disagreeing with the decision of the Selectmen to paint lines on the country roads. They are requesting this decision be rescinded. The petition does have the circulator statement on the bottom, but has to be validated by the Town Clerk's Office. First Selectman Denvir noted Jim Ward is scheduled to begin the painting of the lines on the designated roads in about one week's time. Mr. Denvir noted if the petition is valid, there will have to be a Town Meeting. Do we stripe the roads now or wait until after the Town Meeting? Selectman Annino noted this has to run its course. The petition has to be verified and if valid, then a Town Meeting held. Both Selectmen Annino and Morgan noted a decision has been made and the striping will move forward as planned. Applause was heard. Mr. Denvir reminded everyone this was not entertainment, but government business and noted it was precisely that kind of thing that led to the visitors' protocol.

4. Meeting of July 12, 2004

First Selectman Denvir noted he will be out of state for most of the day and will probably have to reschedule that meeting. A tentative date might be July 13 th , but he will let everyone know closer to that date.

8. DLD Announcements

First Selectman Denvir noted the Visitors Protocol listed on the Agenda under this item has already been discussed.

9. Selectmen's Concerns

Selectman Annino noted he received a copy of an excerpt from Roberts Rules of Order and asked if Selectman Morgan received the same thing. Selectman Morgan replied yes. Selectman Annino felt it was out of context.

Selectman Morgan noted he had been away over the weekend and asked Mr. Annino to explain what had transpired regarding Shannon OCork. First Selectman Denvir asked if that was the business of the Board of Selectmen. Selectman Annino replied yes, it was the right of the people to know. Mr. Denvir asked if this Board was going to now tell private citizens they can't make phone calls and express their opinion because we don't like it. Selectman Annino explained Ms. OCork received two phone calls from individuals on the Board of Education who said that her reporting left something to be desired and if she didn't correct any errors they would have her removed from covering the school building committee. Selectman Annino urged this Board to make some kind of a statement to the effect that any method used to intimidate the reporting of town and school business is out of order. There was a brief discussion about whether or not Mr. Bondi from Haddam was putting together a meeting tentatively scheduled for June 15 th , which was tomorrow. Nothing has been confirmed however. Selectman Annino noted that if such meeting is held, this item should be discussed.

10. Executive Session

First Selectman Denvir noted there was no need for an Executive Session.

11. Adjournment

Motion by Selectman Morgan, second by Selectman Annino, to adjourn at 8:05 PM . VOTING IN FAVOR - Morgan, Annino, Denvir. Opposed - none. Motion Carried.

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MINUTES of the
SPECIAL MEETING of the BOARD OF SELECTMEN

Held June 7, 2004

First Sel. Denvir convened the meeting at 9:00 a.m. Present were Selectmen Morgan and Annino.

At 9:11 a.m. Denvir moved to proceed to executive session for matters posted on the agenda. Seconded by Morgan. There was no discussion. Voting in favor: Denvir, Morgan, Annino. Opposed: none. The motion carried.

At 9:18 a.m. Denvir moved to return to regular session. There was no discussion. Voting in favor: Denvir, Morgan, Annino. Opposed: none. The motion carried.

Denvir moved that: The Town Hall Building Committee be asked to resume meetings of no less than two per month, and that they be charged with examining potential uses by the Town of the vacant Pharmedica building, and that they begin the process of evaluating potential costs involved in a makeover of the building for their recommended use(s); and, that the First Selectman be authorized to request of the Board of Finance a special appropriation not to exceed $1,000 (for the current fiscal year) to fund the activities of the Committee. Seconded by Morgan. There was no discussion. Voting in favor: Denvir, Morgan, Annino. Opposed: none. The motion carried.

Annino moved to convey to the Killingworth Land Conservation Trust the “sand pit”, recorded on Town assessment maps as map 35, lot 25. Seconded by Morgan. There was no discussion. Voting in favor: Denvir, Morgan, Annino. Opposed: none. The motion carried.

There being no further business, Annino moved to adjourn the meeting at 9:20 a.m. Seconded by Denvir. Voting in favor: Denvir, Morgan, Annino. Opposed: none. The motion carried.

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Killingworth Board of Selectmen
Regular Meeting Monday, May 24, 2004

1. Call to Order

The Killingworth Board of Selectmen held its regular meeting on Monday, May 24, 2004, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were First Selectman David Denvir, Selectman Louis Annino and Selectman Charles Morgan. First Selectman Denvir called the meeting to order at 7:00 PM .

2. Approve Minutes of May 10, 2004

Motion by Selectman Morgan, second by Selectman Annino, to approve the May 10, 2004 Minutes with one correction: Page 2, second full paragraph, sentence 5, delete “Morgan” and insert “Annino.” VOTING IN FAVOR - Morgan, Annino, Denvir. Opposed - none. Motion Carried.

3. Visitors

It appears that a portion of the meeting, recorded on tape, was “recorded over”. The Visitors portion on the tape begins with the following -

Michael Venuti reiterated they are trying to act in good faith and requested that the Town respond. If the Town doesn't respond they will go the other route, which will bring negativity to what could have been a wonderful thing. He indicated the Town's appraisal and offer were ridiculous and it was rejected on its merit.

Donald Venuti asked about the new needs assessment report on the fields. First Selectman Denvir noted the report said there weren't enough fields and that in six years more would be needed. Mr. Denvir indicated the whole report is on the killingworthtoday.com website if anyone wants to look it up. Mr. Venuti stated he didn't know of any other property in the Town of Killingworth that could support the number of fields that would be needed. He asked if any of the Selectmen have looked into what the value of building lots is in the Town of Killingworth . Real estate is going up.

Ted Rogers asked Mr. Denvir what he saw as an acceptable time for the shovel to be in the ground for the new school. He has 3 children under the age of six that will be attending this school and has a vested interest in what happens.

John McMahon, Board of Finance Chairman, noted for the record that the Finance Board has never voted on any aspect of the Venuti property.

John Amport asked whether Mr. Venuti spoke for the Venuti family when he (Venuti) stated the deal was off.

Eric Auer noted that if the leadership would get out of neutral and get some fields, some points would be gained.

Several other individuals were present, but chose not to speak at this time.

Selectman Annino noted the Board should do whatever it has to do to get this thing off dead center and move on, either negotiate or finish it. The Town must have fields for the children.

First Selectman Denvir noted this Board was the first Board in 30 years to put a recreation plan on the table, and respectfully disagreed with anyone who says the Board is in neutral. Less than a year ago that plan failed by 71 votes. In his opinion, the plan failed because an offer to sell a piece of land that the Town had been trying to negotiate and get for over 7 years and the Board tried very hard to bring to fruition since October 2001, was presented to the Town 15 days before the referendum.

First Selectman Denvir noted that in response to the request from Jere Adametz, there were no maintenance records pertaining to Lovers Lane . Mr. Denvir noted Mr. Ward has assured him that they do “shoot” the road and it is settling. Unfortunately, there is no record and Mr. Denvir will keep trying to get an answer to the question.

First Selectman Denvir noted in response to a question from Mike Board as to when the stripes will be put on the road, he indicated there should be a recitation of what roads will be striped and we should not just leave the decision to the Highway Foreman. To date, there is no agreement as to what roads will be striped. Mr. Denvir noted the Board received a petition to overturn the previous vote on the striping, however, the petition is not legal due to the lack of the circulator's statement. First Selectman Denvir noted he would ask the Board of Selectmen if they wish to call a public meeting to discuss this issue. Mr. Denvir felt the Selectmen should not hide behind petitions that weren't properly prepared. Selectman Annino noted the Board agreed, two to one, that it would stripe the roads. The Town Foreman has asked that the stripes not be put on roads that were going to be chip sealed this year. Selectmen Morgan and Annino put together a list, which will be discussed later in the meeting.

First Selectman Denvir noted he didn't know how else to answer the question of Mr. Thomsen's about the dog costs. He has explained the decision and regrets that Mr. Thomsen disagrees with the decision and the costs. The fact of the matter is that the Board of Selectmen has voted to pursue that legal action and it will do so. As far as the Freedom of Information costs, he has no idea how much the costs will be for that action. With regard to the Pharmedica question of a gift, Mr. Denvir noted the Charter says there must be a meeting on the third Monday in May and there was no where else to meet with a large meeting room. It was the intention to open Pharmedica for tours at some point and it seemed like a good idea to hold the Town Meeting there and let the people tour the building at the same time. The use of the building is not considered a gift. Selectman Annino stated the Clinton Recorder said in a recent article that the Board of Selectmen have been negotiating with real estate people and had toured the building. He wished to correct that statement and say that he has not been part of any negotiations. He had been invited by the First Selectman on a prior occasion to tour the building, but his first time in the building was the Town Meeting the other night. He questioned whether the room had too many people and with one way in or out, he wondered if the building met the code for a municipal building. First Selectman Denvir noted there would have to be times set aside for the Town's architects and engineers to go into the building and decide what needs to be done to make it a useful building. This would have to be stated in the contract so that the people can get an idea on exactly what the cost would be for purchase and bringing it up to municipal code. In response to the figure offered to the Venutis, First Selectman Denvir noted the figure offered was the exact number of the appraised value. There was much discussion regarding the appraisal. Mr. Denvir reviewed a letter that was hand delivered to Michael Venuti to warn him of what was going to transpire at the meeting tonight so that he wouldn't be caught by surprise. That was interpreted as being ingenuous and that a Federal law had been broken.

First Selectman Denvir, in response to a question from John Lally, noted the vote for the school was overwhelming. It passed by 520 votes in Killingworth. Now being confronted only by people who oppose it and not by people that support it, the question is where did all the yes votes go. Mr. & Mrs. Lally indicated they were two yes votes and now they are opposed. At the time of the vote, the people of the Town were insufficiently informed as to what the school was being built on and its limitations. Mr. Lally indicated they are disabused totally by the garbage that the Town keeps buying to put the Town's edifices on. The whole school has had to be redesigned after the fact because of information that wasn't known up front. There has been mishandling of the situation beginning with the purchase and selection of the property.

With regard to where do we go from here, it was Mr. Denvir's understanding that the school board was going to file its application under the existing regulations. What will happen at that point is anyone's guess. It is anticipated that if approved, suit will be filed by one party or another challenging the granting of it as being insufficient under the regulations. Mr. Denvir noted he has not received correspondence from any State agency indicating that funds are in danger of being lost. Selectman Annino asked Mr. Denvir to briefly review what the legal ramifications would be and who would be able to sue who if the application were granted. Mr. Denvir briefly reviewed that issue.

There was a brief discussion regarding Town Planner.

There was no representative present from the Visitors Bureau as stated on the Agenda.

4. Tax Abatements and Refunds.

First Selectman Denvir reviewed the following abatements and refunds -

$ 3,322.94 Judith H. and Christine M. Pavelka and Regional School District #17

Tax Abatement

$ 8,129.90 Alfred J. and Donna E. Secondino, Jr. and Regional School District 17

Tax Abatement

$ 107.42 Ford Motor Credit Company Refund, Sold Motor Vehicle

Motion by Selectman Morgan, second by Selectman Annino, to pay the above mentioned tax abatements and refunds. VOTING IN FAVOR - Denvir, Morgan, Annino. Opposed - none. Motion Carried.

5. Appointments/Vacancies

First Selectman Denvir noted there is still an outstanding vacancy on the Killingworth Park & Recreation Commission. Bill Silas had been submitted. The Democratic Town Committee has recommended Tim Withington to serve on the Public Health Agency. Motion by Selectman Annino, second by Selectman Morgan, to appoint Bill Silas to the Killingworth Park & Recreation Commission and Tim Withington to the Public Health Agency. VOTING IN FAVOR - Annino, Morgan, Denvir. Opposed - none. Motion Carried.

6. Old Business

1. Road Stripe Petition

First Selectman Denvir reiterated a petition has been submitted regarding the road striping. According to State law, every page of the petition must have a statement on the bottom that the circulator lives in Town, etc. It appears all those who have signed the petition live on Roast Meat Hill Road and are requesting the vote for striping the roads be rescinded. Mr. Denvir indicated the petition was not a valid petition for the reason stated. Selectman Annino noted his vote to do this has been reinforced by the fact the Country Store has recently painted stripes in their parking lot and every car that pulls in there now stays within those lines. That has reinforced his vote to do this. Selectman Annino noted that Roast Meat Hill Road was not on the list of roads to be done. Selectman Morgan noted he spoke with Jim Ward and asked if all the roads had to be done at once. Mr. Ward replied no, a few could be done at a time. Mr. Morgan suggested taking a few of the worst ones and do them. To start with are River Road , Green Hill Road , Cow Hill Road , Stevens Road , Iron Works Road , Pond Meadow Road , Emmanuel Church Road , County Road and Little City Road. It was decided petitions should not be accepted unless they are legal and the Board must follow the rules of what a legal petition is.

2. Lover's Lane Update

First Selectman Denvir noted there had been a petition submitted for Lover's Lane but it either got pulled or was not a legal petition. Selectman Annino noted the pipes were cleared and the water level dropped. There is a beaver in the back that is creating a problem. It was also noted there are beavers on Roast Meat Hill Road creating a problem and there is nothing that can be done. Selectman Morgan noted there is a new idea of putting a pipe through the nest so that water can run through it. Selectman Annino asked that the road be set up for traffic counting once again.

3. Reservoir Road Bridge

First Selectman Denvir noted the grant has been sent in to the State and Mr. Ward is working with Mr. Pfrommer on possible solutions. It was noted the Wetlands Commission didn't have any problem in principle with the possible solution, but it still may require permitting.

4. FY 04-05 Budget

First Selectman Denvir noted the 2004-2005 Budget was passed. The mil rate was set at 24.8. This was largely driven by the ¾ million dollar increase in the education budget.

7. New Business

1. Mutual Aid Agreement – Valley Shore Emergency Management Assoc.

First Selectman Denvir noted copies of the Mutual Aid Agreement for Emergency Management Directors had been distributed previously. The former director did not think this was a good idea, however, the current director doesn't see any reason not to do it. Mr. Denvir asked the other two Board members if they wanted Mr. McDougal to come in and review it. Selectmen Annino and Morgan felt comfortable with Mr. McDougal's opinion. Selectman Annino noted he received a tape from one of the Fire Commissioners in Town about propane facilities. He urged the other two selectmen to review the tape and then forward it to Planning & Zoning. Selectman Annino noted he agreed that the propane business in the center of Town is something to be reckoned with. Motion by Selectman Annino, second by Selectman Morgan, that Killingworth sign a Mutual Aid Agreement for Emergency Management Directors. VOTING IN FAVOR - Annino, Morgan, Denvir. Opposed - none. Motion Carried.

2. Pharmedica Purchase

Selectman Annino noted again he was impressed by the number of people in the meeting room at Pharmedica (for the recent Town Meeting), but was concerned with the one way out. That could be a problem with a municipal building. If this building is in fact considered for a municipal building, he agreed the architects and engineers should study the building to decide what it would take to meet the code for a municipal building. Selectman Annino asked Arlene Tunney if that building met the municipal codes and she replied no. She briefly reviewed ADA requirements.

3. Greater New Haven Visitor's and Convention Bureau

First Selectman Denvir noted the Board appointed a representative to this Bureau. There apparently are some differences between the Director of that Bureau and the Town's representative. He has met with both individuals and it is not a happy relationship. It is the Director's opinion that the Town is not being well served by the present representative. There were a lot of hard feelings when the State realigned the set up for running the Tourism Bureau and Killingworth was put in with the New Haven organization. He asked what the Board would like to do. There is no one currently to fill this spot. It was decided to keep this on the Agenda for future consideration.

8. DLD Announcements

Library Well

First Selectman Denvir noted the well at the Library no longer works and he was requesting permission to go to the Board of Finance for an amount to cover well repairs not to exceed $6,500. Motion by Selectman Annino, second by Selectman Morgan, that the First Selectman be authorized to request an appropriation of the Board of Finance not to exceed $6,500.00 for repairs to the well at the town-owned Library building. VOTING IN FAVOR - Annino, Morgan, Denvir. Opposed - none. Motion Carried.

  Memorial Day Parade

First Selectman Denvir noted the Memorial Day Parade will step off at 9:00 AM and he invited Selectmen Annino and Morgan to march. He noted the Pharmedica building will be open at that time for parking, use of the bathroom facilities and if anyone wants to see the building.

9. Selectmen's Concerns - none.

10. Executive Session: Land and Property Acquisition Negotiations

Motion by First Selectman Denvir, second by Selectman Morgan, to go into Executive Session at 9:30 PM to discuss land and property acquisition negotiations. VOTING IN FAVOR - Denvir, Morgan, Annino. Opposed - none. Motion Carried. Motion by Selectman Morgan, second by Selectman Annino, to come out of Executive Session at 10:00 PM . Opposed - none. Motion Carried. No action was taken during Executive Session.

11. Adjournment

Motion by Selectman Annino, second by Selectman Morgan, to adjourn at 10:01 PM . VOTING IN FAVOR - Annino, Morgan, Denvir. Opposed - none. Motion Carried.

TOP

Killingworth Board of Selectmen
Regular Meeting, May 10, 2004

1. Call to Order

The Killingworth Board of Selectmen held its regular meeting on Monday, May 10, 2004, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were First Selectman David Denvir, Selectman Louis Annino and Selectman Charles Morgan. First Selectman Denvir called the meeting to order at 7:00 PM .

Those present saluted the Flag with the Pledge of Allegiance.

First Selectman Denvir thanked Michael and Linda Board for their generous donation of an American Flag and Connecticut Flag for the Town Hall Conference Room and two American Flags for the Library.

2. Approval of Minutes – April 26, 2004

Motion by Selectman Morgan, second by Selectman Annino, to approve the April 26, 2004 Minutes as written. VOTE: In favor – Morgan, Annino, Denvir. Opposed – none. Motion Carried.

3. Visitors

Visitors present included Jere Adametz, Michael Board, Richard Cabral, Jim Thomsen, Peter & Linda Venuti, Peg Scofield, Michael Venuti, Bob Baranoff, Jim Ward, Hilary Kumnick, Shannon OCork and about half dozen other interested citizens.

Jere Adametz noted he was told last fall that the Town doesn't do anything with the unimproved roads during the winter time. He noted it is almost summer and nothing has been done yet with the east side of Chittenden Road . First Selectman Denvir noted the Town Crew has started refurbishing Town roads. He was sure the Town Crew would get to that stretch of the road at the appropriate time. He indicated no one lives on that road so it is not a priority on the list. Mr. Adametz noted the road is in very sad shape. The potholes are 1 ½ foot deep. Mr. Denvir suggested perhaps Mr. Adametz should go around to avoid the potholes. Mr. Adametz asked why he should go around. It would only take some gravel to fix them. It is a public road.

Jere Adametz asked if there was going to be a Town Meeting at the Pharmedica building. First Selectman Denvir replied yes, the annual budget meeting is going to be held there. Mr. Adametz asked if there was going to be a charge for holding the meeting there. Mr. Denvir replied no. Selectman Annino noted he was not aware of the location of this meeting and asked Selectman Morgan if he was. Selectman Morgan replied that he was not. Selectman Annino asked who set the meeting up. First Selectman Denvir replied that he did. He noted the Killingworth Land Conservation Trust had booked the All Purpose Room of KES for the 3 rd Monday of May quite some time ago. They would have no way of knowing that the Town Charter requires the Town Budget Meeting to be held on the 3 rd Monday of May. When he checked with KES, he was told the room was not available and upon checking with the Firehouse, he was told they had training on Monday nights. The only building left that was available was the Pharmedica Building . First Selectman Denvir noted the arrangements for the building were made through the broker as the broker is listing the building for sale.

Richard Cabral and Jim Thomsen both indicated they were here to listen only.

Michael Board noted he had two quick items. He indicated two weeks ago he came before the Board of Selectmen and asked Selectmen Annino and Morgan if they would purchase property with their own funds if there was found to be a boundary dispute on the property. Both Selectmen Annino and Morgan replied no. First Selectman Denvir refrained from answering the question. After that, Selectman Morgan and First Selectman Denvir came to the Taxpayers' Association meeting. Mr. Board asked Mr. Denvir if he had been the attorney for the school, would he have advised them to purchase the property. Mr. Denvir replied that his answer would have been no. He would not have advised them to purchase that property with a boundary dispute. Mr. Board noted he appeared before the Haddam Selectmen and shared his letter about the Middle School situation with them. At that time Selectman Steve Wytas noted that isn't it true that if District 17 had purchased the Venuti property, they could have had many schools and ballfields on it. It was interesting how he understood the situation.

Peter Venuti noted he had several items to discuss. He indicated he went to the budget summary meeting where it was stated the Town wanted to purchase a mason dump truck. He presented some dealer estimates and asked that someone from the Town check it out. Mr. Venuti asked why these items don't go out to bid, and the Town doesn't shop around to get the best deal. Selectman Annino noted he thought this should be checked out, and this Board will have an answer for the next meeting. Mr. Venuti asked why sand doesn't go out to bid.

Peter Venuti asked why the Town still has sludge lagoons and it is still paying for them. Are people paying to dump there? If so, there should be a revenue line item for this.

Peter Venuti noted the Town is paying someone to come in and take away scrap metal. The Town should be deriving income from that scrap metal. The current price for scrap metal is $80 to $85 per ton.

Peter Venuti noted Jere Adametz had complained about Chittenden Road Ext. about two months ago. He indicated he had complained about the guard rails being broken on some of the Town roads, and they don't seem to get fixed. What is the Town Crew doing? They are spending a lot of time at the Bosco property and the road maintenance is not getting done. Mr. Venuti noted the Hathaways have been asked to take down their gate because it is Town property and everybody has access to it. Well if that is the case, then the gate at the Bosco property should be removed and everyone should have access to that property. Everyone should have the opportunity to go in there and see what is going on.

Peter Venuti noted there is a study being done on garbage. Wouldn't it be better to have curbside pick up of garbage? That would eliminate the dump traffic. Selectman Annino noted there is a PAYT Committee (Pay As You Throw) currently doing a study. The bottom line is that people in this community like the way it is now. Mr. Venuti asked why the garbage can't be taken away on a Saturday. Selectman Annino noted the Town recently put in another compactor machine and that should eliminate the problem on Saturdays. John Amport, Board of Finance member, noted that in order to move one of those units, the facility would have to be closed for a period of time. The truck can't be hauled out when there are people at the facility. The permitting requirements say the facility must be closed during that time.

First Selectman Denvir noted the original bid for the mason dump was $96,000. The Highway Department shopped around and that was the number they got. Mr. Denvir noted there are additional costs built into that. One must consider that financing will be for 3 years and that the price of steel has accelerated through the roof. He also noted scrap metal is bringing in a nice price right now. Jim Ward, Highway Foreman, noted they get about $40.00 per ton for scrap metal. The Town does not pay someone to take it away. The Town also does not get a good price because it is all mixed. The only way the Town could get $80 per ton is to have someone separate everything.

With regard to the sludge lagoons, First Selectman Denvir noted that when approved haulers come in for tickets to dump in the lagoons, they have to pay for the tickets. The Town pays one part time employee to run the gate. Income from the sale of those tickets is shown in the Sanitarian's line item. The Town wants to keep the pumping fees as low as possible to allow people to pump their tanks as often as possible.

First Selectman Denvir noted the subject of guardrails came up during last Fall's campaign. He indicated there is only a limited amount of funds and if the Town could do everything it would like to see done, the mil rate would be in the 30's. No one is saying this is not a public safety issue. It is a public safety issue. Mr. Denvir noted he would like to give credit to Jim Ward who came to the Board of Selectmen last spring and suggested the Town budget a line item for a guardrail improvement plan for fixing some of the guardrails. It was not budgeted for at that time.

First Selectman Denvir noted Selectman Annino had addressed the issue of garbage earlier. There is a PAYT Committee still in existence. They are charged with making a recommendation as to the appropriate method that would be right for the Town of Killingworth . Mr. Venuti noted he would like to get nominated for that Committee. First Selectman Denvir noted that many in Town don't think curbside pickup would do well for Killingworth. There are precious few services in Town that are free and garbage is one of them. The Town still has to pay the tipping fee, however, even with town-run curbside pickup, there would be no savings. Mr. Denvir reiterated that the State permitting does not allow the Town to have the public there when moving the containers around. There is a lot more to it than just changing a container.

With regard to the Bosco property, First Selectman Denvir noted he was aware of a minimal amount of work done by the Town Crew. Mr. Venuti noted there is about 20 acres of fields all cut and brush trimmed out. They even cut across the vernal pools and the wetlands. Mr. Denvir acknowledged some cutting was done in the fall.

Arleen Tunney asked when the Town was going to clean the culverts and open Lovers Lane . Mr. Denvir noted that decision will be made on a day to day basis and rainfall can change it. He indicated he discussed cleaning the pipes with the Town Crew and they have made it clear that the pipes are of a depth and width that there is no practical way to clean them. The pipes have collapsed. Selectman Annino asked about the pipe at the intersection of Route 148 and Lovers Lane . Jim Ward noted the pipe up by Selectman Annino's has flow going through it. Mr. Ward further noted the big pipe has been squashed and it has collapsed. Selectman Annino noted he agreed with Mrs. Tunney in that nothing has been done on that road. If only the pipes had something flowing through them. Selectman Annino noted the First Selectman is the Highway Superintendent. The Superintendent noted he consulted with those who had the expertise in this area and they have said there is nothing that can be done. Mr. Denvir asked Selectman Annino if he had gone over the end and personally inspected the pipes. Selectman Annino replied yes, and that the pipes are not flattened. They are plugged up with muck and meyer. Selectman Annino noted there is a system of benign negligence at Lovers Lane and a disservice is being done to the people at that end of Town. If we can't afford to fix the guard rails or Lovers Lane , how can we possibly think about Pharmedica or any other capital improvement. That is a very important question.

Mrs. Bruce noted she was present just to listen.

Bob Boulet noted he was just going to listen. However, he was under the impression that if someone damaged the guardrails in Town, they were held responsible for paying for them. Isn't that a fact?

Mr. & Mrs. O'Connell were present. Mrs. O'Connell noted they were present to listen to what the Board had to say about the zoning appeal that was lost in court attempting to control large numbers of dogs on residential property. Mrs. O'Connell noted she is a neighbor to that party and has a very personal interest in what is going to happen with this case. She heard the Board was going to debate whether to appropriate additional monies to defend its zoning authority. Board members agreed the Town needs to defend its zoning authority and proceed further with an appeal.

Joyce Hirshorn noted she thanked the Town Crew for removing the signs. There is still one sign that still needs to be removed because it is in the way of the full stop sign. Ms. Hirshorn also noted it would be nice if someone could take down the dead trees along the road and replace them. She felt there has been a great deal of delay with Lovers Lane .

Mrs. McGrady noted she did not have anything to say.

Michael Venuti noted he had a couple of items to discuss. He noted that it is common sense that when there is 8 to 10 guardrails knocked down it stands to reason there was an accident. A trooper should have a written report and it should be easy to find out who the individual is and then their insurance company. Selectman Annino noted Trooper Mike Perry should be asked to provide the Town with a copy of all police reports having to do with damage to Town property.

Michael Venuti noted he had a disturbing phone call last night from a well respected civil engineer. Unbeknownst to him, he indicated that it appears the Zoning Board is going to try to increase zoning (building) restrictions and it will have a great effect on devaluing the Venuti property and everybody's property in the Town of Killingworth . He believes the Town is deliberately trying to enact amendments and adopt regulations that are devaluing the Venuti property. Mr. Venuti remarked that he would defend his family to the fullest and that if the new regulations are passed, the Venuti family will withdraw their offer to the Town and institute a lawsuit against the Town.

Mr. Keithan from Victoria Drive noted they have dogs in their neighborhood that bark and drive them nuts on weekends and holidays. He indicated that he hopes the Town will follow through and defend itself in this matter. Mr. Keithan noted he has coached Little League for some time and suggested the Town allow the sponsors to put up signs at the fields. It would be a source of revenue. He indicated they tried to do this once before, but was told it couldn't be done. Selectman Annino thanked Mr. Keithan for working with the children all those years.

Bob Baranoff, John Amport and Mrs. Young all indicated they had nothing to say.

Peter Venuti asked what the difference was between the Hathaway gate and the gate at the Bosco property. First Selectman Denvir noted the Hathaway gate is an established right-of-way used to access the Land Trust property. The driveway to the Bosco property is not a Town right-of-way.

Jim Thomsen asked about the court case referenced earlier and where the money comes from to take on all these people in the courts. First Selectman Denvir explained the Zoning Enforcement Officer issued a Cease & Desist Order to the homeowners. The homeowners appealed that to the Zoning Board of Appeals. The Zoning Board of Appeals denied the appeal and agreed with the Zoning Enforcement Officer. The homeowner then sued the Town of Killingworth . The Town had two choices at that point - either defend its Zoning Regulations or just let the homeowner do what they want. The court disagreed with the right of the Town's Planning & Zoning Commission to interpret its Zoning Regulations. This item will be discussed later on in this meeting.

4. Tax Abatements and Refunds

Motion by Selectman Annino, second by Selectman Morgan, to pay the following tax abatements and refunds –

$119.55 Bank America Auto Finance Sold Motor Vehicle

$211.37 Toyota Motor Credit Corp. Sold Motor Vehicle

$ 38.39 Judith A. Bunge Sold Motor Vehicle

VOTE: In favor – Annino, Morgan, Denvir. Opposed – none. Motion Carried.

5. Appointments/Vacancies

1. PAYT Committee

First Selectman Denvir noted John Amport has expressed an interest in being on the PAYT Committee. Peter Venuti has also expressed an interest. Motion by Sslectman Annino, second by Selectman Morgan, to appoint John Amport and Peter Venuti to the PAYT Committee. VOTE: In favor – Annino, Morgan, Denvir. Opposed – none. Motion Carried.

2. H-K Recreation Authority

First Selectman Denvir noted the annual reappointments are due for the regional recreation board. Motion by Selectman Morgan, second by Selectman Annino, to reappoint Steve Hollander and Shelly Cumpstone, and to appoint John Machold to the H-K Recreation Authority to fill the recent vacancy; all to be voted on at the next town meeting. VOTE: In favor - Morgan, Annino, Denvir. Opposed - none. Motion Carried.

6. Old Business

1. Lover's Lane (ROW)

First Selectman Denvir noted he copied both selectmen on recent correspondence. He has instructed the Highway Department and the Hathaways' counsel that the Town will remove any barrier if and when it is seen. Mr. Denvir and the Hathaways' counsel have been trying to reach each other by phone to discuss a potential solution. However, the position of this Board in the past has been that these are public lands and the right-of-way is jeopardized if the Town does not take action. Selectman Annino noted this doesn't really solve the problem. It was decided a time limit should be established and this should be kept on the Agenda in the event more appropriate action might be necessary.

2. Bosco Fields

First Selectman Denvir reviewed the recent Land Use Committee minutes in terms of the present status of the Bosco fields. The field nearest Beechwood has been eliminated and the one just to the north of that will be done in phases. They are working on coming up with a revised cost. Selectman Annino noted that if the school building committee had thoroughly thought this thing out in the very beginning, all of the problems could have been resolved - a place for the school, a place for expansion and ball fields for years.

3. Bosco Heat

First Selectman Denvir noted he received a bid from East River Oil to install the Bosco heat for no more than $200 than the original quote for a flue-less chimney. Mr. Denvir noted he would contact Debbie Bodner from the Historical Society about the additional funds. If they can't do it, then he suggested they go back to the Board of Finance for the extra amount.

7. New Business

1. Highway Dept. - Summer Hours

First Selectman Denvir noted one key issue here is that people that earn their vacation time don't take that time for a variety of reasons. He reviewed some of the reasons for the various departments, such as seasonal timing of specific work, etc. As a result the Town is inundated with requests at this time of year for employees to carry over vacation time and this presents a problem. One can carry over 5 days by right and anything over that must receive approval. Mr. Denvir noted he is anxious to find a way to get people to use their vacation time. Mr. Denvir reviewed the schedule of highway department hours noting he has been asked to approve a new schedule. The highway department employees would work Monday thru Thursday from 6:00 AM to 3:30 PM and 4 of the 8 employees would work all day on Friday and 4 employees would work ½ day and take a ½ day vacation time. Mr. Denvir felt it made sense to go ahead with those

hours. Selectman Annino wondered if the Town gives too much vacation time. If it keeps being accumulated, then it is not needed. Everyone was comfortable with this arrangement.

2. Probate Court Merger

Mr. Denvir noted this was on the Agenda at the request of Selectman Annino. Selectman Annino noted the issue of Probate Court mergers had been brought to his attention years ago by former First Selectman LeVasseur. About a year ago Judge Lentz asked if the Town might consider a merger with Chester . This was voted on - Annino and Morgan in the affirmative and Denvir had reservations about it. When this was discussed with those in Hartford we were told don't worry about it, nothing is going to happen. Judge Sullivan has met with the Probate Assembly and has told them he wants 50 courts, not 130. They are losing lots of money running the system. Selectman Annino noted some people were brought to task for pushing this last year and he would like to get the situation clarified. There is still the danger this is going to happen. The Town owes Judge Lentz thanks for bringing this to the Town's attention. First Selectman Denvir noted the Town is grateful to Judge Lentz for pointing this out. He indicated the only way a merger can occur is by an act of the legislative body in Hartford .

3. First Selectman Denvir noted he would contact the Zoning officials about the suggestion earlier for sponsor signs at the ballfields.

Motion by First Selectman Denvir, second by Selectman Morgan, to add to the Agenda discussion regarding litigation having to do with the Graffs. VOTE: In favor - Denvir, Morgan, Annino. Opposed - none. Motion Carried.

First Selectman Denvir noted both Selectmen have been copied on the Briefs having to do with the Graff/Killingworth litigation. He received an estimate from Town Counsel that it would cost about $15,000 to appeal this decision. Mr. Denvir noted the decision of the Superior Court is no less than a frontal assault on the zoning scheme as it exists in the State of Connecticut and the Town has no choice but to appeal the decision. The O'Connells have filed an appeal. The Town's timeframe for filing an appeal has been extended to the 3 rd week of May. Selectman Annino asked if there is any way to piggyback on the O'Connell's appeal. Mr. Denvir noted every effort will be made to share thoughts and expenses, but the danger is protecting the Town's rights to appeal so the Town really should go ahead and file. Selectman Morgan noted he thought it was a good idea and the Town was honor bound to do it. Selectman Annino noted the Town must give the Zoning Board of Appeals a vote of confidence to interpret the regulations.

Motion by Selectman Annino, second by Selectman Morgan, that the Town should move ahead and proceed with the appeal of the court's decision pertaining to the Graff decision. VOTE: In favor - Annino, Morgan, Denvir. Opposed - none. Motion Carried.

8. First Selectman's Announcements

1. AED Grants

First Selectman Denvir noted the Town has been approved for the Automatic External Defibrillators Grant. The Town received two units last year and now another two this year. The Fire Department will place them at their discretion.

2. Town Meeting May 17, 2004

First Selectman Denvir noted the May 17, 2004 Town Meeting has been scheduled for the Pharmedica Building . Both Killingworth Elementary School and the Firehouse are not available. The building will open at 7:00 PM . The Town Meeting will start at 8:00 PM . People will be able to tour the building from 7:00 to 8:00 PM on their own.

3. Venuti Property Update

First Selectman Denvir noted this is usually discussed in Executive Session, but he continually gets questions about the status of negotiations. The Town has offered $3.88 million subject to appropriate contingencies to purchase the Venuti property. This figure is the exact figure produced by the professional real estate appraiser. There has been no response since making the offer, other than a request to disclose a copy of the internal documents from the appraisal.

9. Selectmen's Concerns

Selectman Annino noted he was told by a member of the Venuti family that Mr. Denvir told him that all the members of Boards of Selectmen and Finance were against the purchase of the Venuti property. Mr. Annino noted he did not say that and asked Mr. Denvir if that was true. First Selectman Denvir noted he has never told a member of the Venuti family that all members of the Boards of Selectmen and Finance were against the purchase. He has told a Venuti family member that there is not one vote on the Board of Finance to acquire the property at the price of $8 million. Selectman Annino confirmed that Mr. Denvir indicated that no member of the Board of Finance would pay $8 million for the property, and that negotiations were still ongoing. First Selectman Denvir noted he copied the Selectmen on the letter from the Venuti's attorney that said they believe their price is based on market value issues, but they are unable to respond to the offer unless they receive a copy of the appraisal.

First Selectman Denvir noted there had been an arrangement for coverage in the Building Department next week, but some difficulty has arisen with that coverage.

Cathie Jefferson will be here on Tuesday, Thursday and Friday, and every attempt will be made to get coverage for the other two days.

10. Executive Session

Motion by First Selectman Denvir, second by Selectman Morgan, to go into Executive Session at 8:20 PM for the purpose of Union Contract Negotiations. VOTE: In favor - Denvir, Morgan, Annino. Opposed - none. Motion Carried.

Motion by Selectman Morgan, second by Selectman Annino, to come out of Executive Session at 8:35 PM. VOTE: In favor - Morgan, Annino, Denvir. Opposed - none. Motion Carried. No action was taken.

11. A djournment

Motion by Selectman Annino, second by Selectman Morgan, to adjourn at 8:36 PM . VOTE: In favor - Annino, Morgan, Denvir. Opposed - none. Motion Carried.

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Killingworth Board of Selectmen
Regular Meeting, April 26, 2004

  1. Call to Order

The Killingworth Board of Selectmen held its regular meeting on Monday, April 26, 2004 , at the Killingworth Town Office Building , 323 Route 81, Killingworth. In attendance were First Selectman David Denvir, Selectman Louis Annino and Selectman Charles Morgan. First Selectman Denvir called the meeting to order at 7:00 PM .

2. Approval of Minutes

Motion by Selectman Annino, second by Selectman Morgan, to approve Paragraph 6 on Page 3 of the March 22, 2004 Minutes. VOTE: In favor – Annino, Morgan, Denvir. Opposed – none. Motion Carried.

Motion by First Selectman Denvir, second by Selectman Annino, to affirm and approve those motions listed on the Board of Selectmen, Record of the Vote, for April 12, 2004 due to the fact the original record of the vote was not filed within 48 hours of the meeting. VOTE: In favor – Denvir, Annino, Morgan. Opposed – none. Motion Carried.

Motion by Selectman Morgan, second by Selectman Annino, to approve the April 14, 2004 Special Meeting Minutes as written. VOTE: In favor – Morgan, Annino, Denvir. Opposed – none. Motion Carried.

Motion by Selectman Morgan, second by Selectman Annino, to approve the April 12, 2004 Minutes as written. VOTE: In favor – Morgan, Annino, Denvir. Opposed – none. Motion Carried.

Visitors

Jere Adametz, Ruth Patrick, Bruce Dodson, Robert Broach, Richard Cabral, Susan Adinolfo, Jim Thomsen, Peg Scofield, Walter Adametz, Jim Ward, Peter and Linda Venuti, Shannon OCork and Charles Stannard were all present.

Jere Adametz, Richard Cabral and Jim Thomsen all yielded their time to the Town officials that were present.

Bob Broach, Bruce Dodson, Susan Adinolfo and Ruth Patrick all noted their topic was on the agenda.

David Gumbart, Conservation Commission Chairman, was present. He reviewed the UCONN Extension Service that is available to the Town of Killingworth . Mr. Gumbart noted municipalities are invited to participate in NEMO's CT Municipal Initiative 2002-2004. This allows the Conservation Commission, Inland Wetlands and Planning & Zoning to participate in a review of all land use regulations. They can also look at doing a build out to see which is a simulation of how many homes there could be in Town if every piece of land was built on. This would also point out the negatives and positives. Mr. Gumbart asked the Board of Selectmen if they would like to pursue this. There would have to be at least one member from Planning & Zoning and Wetlands. The current regulations and the Plan of Conservation would be reviewed to see they agree with the goals of Killingworth which is that the rural character of Killingworth is known for and are we maintaining that. Mr. Gumbart noted he would contact Mr. Denvir within the next week or two to see what the feedback is on this and whether the Town would like to move forward. Bruce Dodson asked if this could be done in time for the next update of the Town Plan. Mr. Gumbart thought it would probably lead up to that. Mr. Dodson asked if there was any monetary investment by the Town. Mr. Gumbart replied that it was a funded program. Selectman Annino noted it sounds like a good idea. There was much discussion about how to proceed. Motion by Selectman Annino that the Board of Selectmen vote to participate in the Connecticut Municipal Initiative and that the First Selectman send notice of such to the various boards and commissions that are listed on Page 3 asking to appoint a representative. There was no second. VOTE: In favor - Annino. Opposed - Morgan, Denvir. Motion Failed. Motion by First Selectman Denvir, second by Selectman Morgan, to move forward with the application process pending receipt of support from Killingworth Land Use Agencies to include, but not limited to, Planning & Zoning, Inland Wetlands and Conservation. VOTE: In favor - Denvir, Morgan, Annino. Opposed - none. Motion Carried.

4. Tax Abatements & Refunds

First Selectman Denvir reviewed the following tax abatements and refunds –

$ 175.10 BMW Financial Services Sold Motor Vehicle

Motion by Selectman Annino, second by Selectman Morgan, to pay the aforementioned tax abatements and refunds. VOTE: In favor – Annino, Morgan, Denvir. Opposed – none. Motion Carried.

5. Apppointments/Vacancies

1. Recreation Commission – Bill Silas

First Selectman Denvir noted that following the demise of Mark Harwood, there is a vacancy on the local Park & Recreation Commission and the regional H-K Recreation Authority. As Mr. Harwood was an unaffiliated voter, this does not fall to one party or the other. Bill Silas has expressed an interest in serving. It was not known what party affiliation Mr. Silas belonged to. As it has only been short time since the vacancy occurred, it was suggested the appointment wait until the next meeting. Mr. Denvir thanked Mr. Silas for coming forward and hoped to be able to place him on the recreation commission.

6. Old Business

1. Harder Property Bid

First Selectman Denvir noted it is the opinion of the Zoning Enforcement Officer that this lot is a building lot. He indicated an unsolicited bid was received today from one of the neighboring landowners. This bid was received well beyond the deadline. The first bid received before was conditional upon turning this into a building lot. It was agreed to place this on the next meeting agenda to be discussed under Executive Session.

2. ZBA, Killingworth/Graff

First Selectman Denvir noted the Court sustained the appeal of the Zoning Board of Appeals decision upholding the Cease & Desist Order issued by the Zoning Enforcement Officer telling the Graffs to cease their housing of nearly a dozen dogs which, therefore, means the Town lost. Mr. Denvir reviewed

the Memorandum issued by Town Counsel, William Howard. One can't expect that every community is going to list in its regulations every single thing that one can't do. Attorney Howard has met with Planning & Zoning Chairman, Charles Martens, and Planning & Zoning is going to be amending their regulations. However, the Town must decide whether to take an appeal of the Judge's decision. The deadline for such appeal is May 5 th . Attorney Howard has filed for an extension of time to do the appeal and the opposing attorney consented to the extension; however, the court must decide. It is not known at this time how much an appeal would cost the Town. There may need to be a special meeting to make a decision. Selectman Morgan asked how much the Town had already spent on this lawsuit. Mr. Denvir replied it was probably between $15,000 and $20,000.

Bruce Dodson, Killingworth Zoning Board of Appeals Chairman, noted this goes well beyond the question of dogs. Planning & Zoning does not appear to have been permitted to interpret its regulations. The Town's regulations are described as being permissive, which means if something is not permitted in the Zoning Regulations, one must get the approval of Planning & Zoning in some form. Both ZBA and P&Z would be disappointed if this does not go forward. Mr. Dodson noted he hoped the Town would allow itself to be added to the appeal by the neighbors.

3. Line Striping

First Selectman Denvir noted he wished to clarify the motion regarding the road line striping. He suggested that as both Selectmen Annino and Morgan voted to approve the line striping (Mr. Denvir was a descending vote) that they take responsibility for choosing which roads to stripe. Selectman Annino noted the Town Charter says the First Selectman is the Superintendent of Highways and asked why he was passing the buck. There was some discussion regarding emails received having to do with this subject. Selectman Annino noted some townspeople came and made a pretty good case for striping the roads and Selectman Morgan agreed with him. He indicated he would stand by his vote. It was noted the point of the emails was that the real problem is speeding, and that striping is not going to stop speeding. Selectmen Annino and Morgan noted they would sit with Jim Ward and identify the footprint roads.

4. Reservoir Road – J. Ward

First Selectman Denvir noted he has been assured by the State of Connecticut that the acrow panels are coming, but he has yet to get a letter from the State indicating they are lending us the panels. Jim Ward noted he spoke with both First Selectman Denvir and Howard Pfrommer (Town Engineer) about the Reservoir Road Bridge . He suggested the Town pursue an alternative, which is to replace exactly what is there now. To go through the bridge program, the road would have to be closed for several months to rebuild a full blown bridge. This would be a real inconvenience to the Townspeople. Mr. Ward noted the two pipes that are currently there were installed prior to 1970. It was suggested this could come out of the LOCIP funds if done with the Town's Public Works employees. It would probably cost under $80,000. Selectmen Annino and Morgan noted the Town has the know-how, the enthusiasm from the people who are going to do the work and thought this was a great idea. First Selectman Denvir noted there was unified thinking and support for this. He asked Mr. Ward to come up with a cost and timetable. No money has been budgeted for this until July 1 st . The funding could go through LOCIP. Mr. Ward will spend some time with Mr. Pfrommer to come up with numbers, etc. It was noted the traffic count per day for that bridge was 263. The Board of Selectmen thanked Mr. Ward for his suggestion regarding this project.

7. New Business

1. Discussion of Pension Plan/Revert to The Hartford Money Market Pension Plan

First Selectman Denvir noted this item was put on the agenda by Selectman Annino. Selectman Annino noted he wanted to make sure everyone was on board with the Pension Plan. With all the past criticism, he thought this should be discussed again. He felt this was a better Plan for the employees. The employees' unhappiness is with the length of time it has taken to get the Plan in place. Jim Ward noted the employees believe this is a much better Plan than before. The big issue is the vested change. Everyone that worked here should have been grandfathered and been vested. Instead there are employees that are not vested now until they have worked 15 years. Sue Adinolfo noted in the beginning employees were told they could either go with the new Plan or stay with the old. Then as things changed, the employees were told they had to go with the new Plan and couldn't stay with the old one. That's where the problem came in with the 15 years. She didn't think there was any employee who didn't think the new Plan was a much better Plan. There are now 3 or 4 employees who have to wait another 3 or 4 years to become vested. It was noted a sinking fund has been established for one employee who will retire before the 15 years. Mr. Ward noted it would not cost the Town any money to change the vested. First Selectman Denvir noted he could not say whether or not it would cost the Town money to change the vested. Donna Shanoff noted the problem was that initially people had the option of staying with the old Plan. When that fell through, the employees were told it would be changed to the 15 years. Mr. Ward noted everyone felt it was going to stay at the 5 years. Selectman Annino noted a Pension Committee must be set up (consisting of the First Selectman, the Board of Finance Chairman and somebody from the employees' group) that will take the bull by the horns and look at this every year. Sue Adinolfo noted she asked Jack Kneale how one goes about amending the Plan and he indicated it could be done.

2. Discussion of Access over Town Property Right of Ways

First Selectman Denvir noted the Town owns property off Lovers Lane . The property owner in the back, accessing their land via a right-of-way across town land, is now attempting to control vehicle traffic on the right-of-way. Mr. Denvir indicated he didn't think it should be locked as it is a right-of-way over Town owned land. There is a court order that said the land was owned by the Town of Killingworth and that the property in the back had the right-of-way. There should be no gate there at all to control. He indicated he spoke with the Hathaways about six months ago when this first came to his attention. He has since spoken with them and their attorney and received a letter from the Hathaways attorney which he read into the record. Mr. Dodson, President of the Land Trust, indicated that their letter clearly reads as though their attorney does not fully understand the situation. Mr. Denvir noted that when he talked with their attorney for the second time he clearly stated that the Town owns the land. Mr. Dodson indicated the Land Trust was hoping to recreate a trail into the State property. He noted that unfortunately there are issues with rights-of-way on many Land Trust properties and they are always difficult. It was noted there has been some heavy equipment moving around in there. Robert Broach from the Land Trust noted a bulldozer has been running over the corner of the Land Trust property. Mr. Dodson noted the Hathaways will not give the Land Trust permission to use their corner of their property, but they continue to run over the property of the Land Trust with a bulldozer.

3. Discussion of Vacation Time Off for Town Hall Employees

First Selectman Denvir noted Selectman Annino asked to have this item put on the Agenda. Selectman Annino noted there was a question about vacation and sick time and offices being closed. Should the First Selectman be coordinating this? He asked for a status report on this subject. First Selectman Denvir noted the Charter specifically says that the First Selectman is responsible for staffing offices, etc. He indicated two weeks ago he distributed a memo, which became a problem. The vacation policy was not designed to deny vacation time, but to make sure all offices are appropriately staffed. Selectman Annino noted that over the years various Town boards have said additional help is needed to keep the Town offices open. Mr. Denvir noted the people who serve the Town Hall are dedicated people and get a fair amount of time off. Employees are allowed to carry over 5 days without permission and 10 days with permission of the First Selectman. Some people may start the new year with 35 days vacation time. Part of the problem is getting some people to take vacation time. It is not always possible. Sue Adinolfo noted certain things happen during certain times of the year and one doesn't take vacation time during those times. She further noted her office is usually open during lunch time when possible. Most town halls are only open 6 hours a day. Mr. Denvir indicated the only office where there isn't a second person in the office to cover is the Building Department, but that office is usually sufficiently covered. Everyone agreed this was a step in the right direction and an improvement. It was unfortunate that some feathers got ruffled when the memo went out.

4. Discussion of Earned Sick Time Re-Payment

There was discussion about sick time and the insurance policy that pays for time off due to illness and how that overlaps. First Selectman Denvir noted the Town funds a disability policy which is designed to pay a certain percentage of one's earnings. The employment contract states that one can supplement the policy by using a set number of sick time days if available. Extended illnesses of 8 days or more are covered by an insurance at a rate of 60 percent of ones wages. Mr. Denvir noted he did not wish to comment any further on this as there is an ongoing personnel matter. Selectman Annino noted this is designed to give an employee a week's pay, not to give more. It was noted that at some point the Town must clarify who is elected and who is an employee.

5. Fire Dept. – Capital (Doors)

First Selectman Denvir noted the Fire Department has a Capital request in the current year's budget of $8000 to change the windows. The windows have been done and there is $1700 left which they would like to use to replace a set of doors. Motion by Selectman Annino, second by Selectman Morgan, to ask the Board of Finance to appropriate an amount not to exceed the balance of that Capital account for the purpose of replacing the doors. VOTE: In favor – Annino, Morgan, Denvir. Opposed – none. Motion Carried.

8. First Selectman's Announcements

First Selectman Denvir noted the Towns of Chester and Killingworth will be participating in a Household Hazardous Waste Collection on May 15 th at the Killingworth Elementary School . The Towns will be splitting the cost.

  First Selectman Denvir noted Clean Up Day is this Saturday, May 1 st . Townspeople will be adopting roads, etc. for clean up.

First Selectman Denvir noted the Board of Finance will be holding the Budget Public Hearing tomorrow night at 8:00 PM .

9. Selectmen's Concerns - none.

10. Executive Session

Sue Adinolfo, Town Clerk, noted an item can be added to the Executive Session by a 2/3 vote if it is a strategy session.

Motion by First Selectman Denvir, second by Selectman Morgan, to add two items to the Executive Session Agenda, one being to discuss strategy of a potential appeal regarding the ZBA/Graff litigation, and two the right-of-way issue discussed in the letter received today regarding the town owned property on Lovers Lane. VOTE: In favor – Denvir, Morgan, Annino. Opposed – none. Motion Carried.

Motion by Selectman Morgan, second by Selectman Annino, to go into Executive Session at 8:35 PM to discuss the Venuti property, update on contract negotiations, update on personnel matters, ZBA/Graff litigation and town owned property on Lovers Lane. VOTE: In favor – Morgan, Annino, Denvir. Opposed – none. Motion Carried.

Motion by Selectman Annino, second by Selectman Morgan, to come out of Executive Session at 9:20 PM. VOTE: In favor – Annino, Morgan, Denvir. Opposed – none. Motion Carried.

11. Adjournment

Motion by Selectman Annino, second by Selectman Morgan, to adjourn at 9:21 PM . VOTE: In favor – Annino, Morgan, Denvir. Opposed – none. Motion Carried.

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Killingworth Board of Selectmen
Regular Meeting, April 12, 2004

1. Call to Order

The Killingworth Board of Selectmen held its regular meeting on Monday, April 12, 2004, at the Killingworth Town Office Building, 323 Route 81, Killingworth. In attendance were First Selectman David Denvir, Selectman Louis Annino and Selectman Charles Morgan. First Selectman Denvir called the meeting to order at 7:00 PM .

2. Approve Minutes of Meeting held March 22, 2004

Motion by Selectman Morgan, second by Selectman Annino, to approve the March 22, 2004 Minutes with the exception of paragraph 5 on page 3. VOTE: In favor – Morgan, Annino, Denvir. Opposed – none. Motion Carried.

3. Visitors

Visitors included Michael Board, Peter and Linda Venuti, Arleen Tunney, Susan Adinolfo, Diane Zukowski, Ruth Patrick, Carol Gordon, Walter Adametz, Peg Scofield, Stan Fisher, Jim Ward, Jeremy Adametz, Gerald Haag, Mark Albrecht, Jeffrey Cook, Greg Alfiero, Thomas Wilson, Charles Stannard, Shannon OCork, Fran Dooley and Tom Kothman.

Michael Board thanked the Selectmen for allowing townspeople to come to these Selectmen's meetings and voice their comments and concerns on any subject. The citizen's right to free speech is being upheld. Mr. Board also thanked the news reporters for a fine job in reporting the news. The right to free press is being upheld. Mr. Board noted he and Selectman Annino were at the Library a couple of weeks ago when another gentleman brought up a subject that he (Board) brought up a couple of years ago. He reviewed the issue of striping the Town's roads and an incident involving his daughter on Green Hill Road . Mr. Board noted he would continue to revisit this matter until some action is taken. With regard to the study done for the playing fields, Mr. Board noted the study indicates the Town needs about 10 to 12 playing fields and that he feels the Town should consider the Venuti property for the fields.

Arleen Tunney asked if Lovers Lane was on the Agenda. First Selectman Denvir replied no. Ms. Tunney noted the minutes of the last meeting indicate the matter was tabled until the next meeting. Mr. Denvir noted he thought the matter was tabled until the Town could speak with Howard Pfrommer. Ms. Tunney read from the previous meeting minutes. Mr. Denvir noted he would be happy to move this subject on to the Agenda under Old Business at the appropriate time.

Susan Adinolfo, President and spokesperson for the Pension Committee, noted the Committee has concerns and is pretty much at a standstill. Ms. Adinolfo indicated the Committee was appointed and then waited four months for its charge. In the meantime, the Committee had an actuary come in to review whatever information he had. The Plan was effective July 1, 2001 and no decision has been made as to who is going to handle the funds of the various accounts. Ms. Adinolfo noted the funds in the General Fund will cost the Town money as they are not being invested. She indicated the Committee gave the Selectmen a list of four financial companies they have investigated. Ms. Adinolfo noted she will be retiring next December and currently there is no pension administrator; no one for her to talk to regarding retirement. Ms. Adinolfo submitted a letter to each of the Selectmen reviewing the status of the Pension Plan. She noted it is important that the employees feel their pension is being handled wisely. The Plan is in place and the job needs to be finished. Everything is just standing still. Things need to move forward to get it taken care of once and for all. Walter Adametz noted that because of the change in vesting, the people vested under the old Plan are not under the new Plan. Those individuals don't qualify under the new Plan and the contribution under the old Plan is going to stop. Mr. Adametz asked where the figures and the vesting years came from. Jim Ward reiterated there were concerns. He asked why the vesting went from 5 years to 15 years. He asked if there was a cost connected to these decisions and if so, the employees would like to know what that cost is. Questions have been asked and not answered. Ms. Patrick asked for some kind of a timeline. First Selectman Denvir noted the Fire Department is having their Plan reviewed by their Attorney. When both Plans are finalized, then the Town will hire one administrator. It does not want to have two different Plan Administrators. Ms. Adinolfo asked why the Town couldn't interview financial companies in the meantime, and then add the Fire Department later on. Mr. Denvir noted the firms don't want to interview unless they can see the entire Plan. Ms. Adinolfo noted this is the first time she has been told that the wait is for the Fire Department. Mr. Ward noted he has repeatedly asked questions about the percentage and the vested years and has still to get a straight answer. First Selectman Denvir noted the reason the vested years was changed to 15 and the Town went with a Defined Benefit Plan was to increase longevity of employees. Mr. Ward asked if there was a cost factor in changing it. Mr. Denvir noted the change encourages the motivation for people to stay at least 15 years. Whether or not there was a cost factor doesn't make any difference at this point. Selectman Annino noted in the beginning there was no Defined Benefit Plan, it was a Defined Contribution Plan. The Town needs a Pension Committee made up of someone from Board of Selectmen, Board of Finance and from the employee group. There also needs to be an investment group. Ms. Adinolfo noted she is planning on retiring in December 2005 and wanted to know the answers to such questions as how much is she going to get, what are her options and who can she talk to about these questions.

Tom Kothman noted he believed there was a growing and fairly serious problem. He felt ways should be looked at to slow down the traffic on Iron Works Road . What are creative ways to make an impact? Mr. Kothman noted he understood that Iron Works Road is not the only problem area in Town. First Selectman Denvir noted speeding concerns are routinely forwarded to the Resident Trooper. Lines in the center of the road have no effect on speeding. First Selectman Denvir noted Mr. Sawicki from the State noted that unless the Town puts a double yellow line down every road in Town it won't help. The Town has done everything except drive the car for the people. Mr. Kothman noted he has taken to bringing his daughter to school. Mr. Sawicki doesn't live in Killingworth. They have lived in Town since 2002.

Michael Board reiterated he would go on record as to speaking in favor of the painting of the lines in the middle of the Killingworth roads.

Peter Venuti noted all the Town roads used to have lines on them. He indicated the Town does not properly maintain its roads and keep up to standards. Every town redoes at least one road every year. Killingworth does not. Linda Venuti asked if there was a cap on what is spent for maintenance on the Town roads.

Mr. Kothman noted this is not road maintenance, but traffic control, keeping people in their own lane and slowing them down. What will it take to move forward in an attempt to break from a tight grip on the rural nature and control traffic.

Peter Venuti briefly reviewed the Reservoir Road Bridge . He indicated he looked at the bridge and called it a pipe or culvert, not a bridge. The cost to replace that with a pipe would be $12,690. He asked where the cost of $380,000 came from and what justifies that cost.

There was discussion regarding the needs assessment study for the playing fields. Peter Venuti noted he comes up with 12 fields and asked why this is being done again.

There was some general discussion regarding the playing fields, the Venuti property and the Pharmedica property. Mr. Denvir noted he has never met with the owner of the Pharmedica property. He indicated the attorney retained to negotiate the Venuti property has conveyed information to the Venuti's attorney. Selectman Annino noted for the record that the property on Route 148 would have taken care of all the ball fields and the new Middle School with a subsurface disposal system for years to come. Everything could have been solved in one shot.

Fran Dooley noted he had a film of propane fires that he would like to show. He indicated Amerigas has a nonconforming use. They have expanded without a permit. There is a big safety issue at the Route 80/81 circle. Mr. Dooley noted he plans on going before the Planning & Zoning Commission to show them the fire film. Selectman Morgan asked if Amerigas is inspected on a regular basis. Mr. Dooley replied it is inspected by the Fire Marshal. He also noted the Fire Chief has said they could not come up with enough water in that area. There is no evacuation plan for the school. Mr. Dooley suggested this be addressed before it gets advanced.

4. Tax Abatements & Refunds

The following tax abatements and refunds were reviewed.

$ 23.58 Carolyn Maine & Jensens, Inc. Jeopardy Abatement

$ 720.62 Ryan/Killingworth Land Conservation Trust, Inc.

Land Donated by Ryan Family

$ 64.93 Toyota Moto Credit Company Sold Motor Vehicle

$ 61.98 Susan F. Johnson Veterans Exemption

Motion by Selectman Annino, second by Selectman Morgan, to approve the tax abatements and refunds as reviewed. VOTE: In favor – Annino, Morgan, Denvir. Opposed – none. Motion Carried.

5. Appointments and Vacancies

1. IWWC-William Valez (re-appointment-failed to qualify)

First Selectman Denvir noted Mr. Valez had been previously appointed to IWWC to fill a vacancy vacated by a Republican resignation. It was since determined this vacancy was controlled by the Conservation Commission, and they are now suggesting that Mr. Valez be appointed as well. Motion by Selectman Annino, second by Selectman Morgan, to reappoint William Valez to the IWWC. VOTE: In favor – Annino, Morgan, Denvir. Opposed – none. Motion Carried.

6. Old Business

1. Harder Property Bid

First Selectman Denvir noted he would speak with Cathie Jefferson in the morning to see if this is in fact a buildable lot.

2. Reservoir Road Bridge Update

First Selectman Denvir noted the Town Engineer recommends that the Town apply to the Federal Grant Program for this bridge project (80 percent Federal, 20 percent Town). The Town Engineer is going ahead and making application for the grant. Selectman Annino asked what the reason was that the Town can't just go with a simple box culvert as suggested earlier in the meeting. First Selectman Denvir noted he would have to check with the Town Engineer regarding the suggestion of using a pipe or box culvert. This is a big pipe and it is a considerable distance. The Town Engineer will be charged with researching all solutions and recommend the most economic feasible solution. First Selectman Denvir noted permission has been received to use Acrow panels to keep the bridge open while the Town Engineer applies for funding and works on the design.

Selectman Annino noted a traffic count is being taken at Reservoir Road . He suggested a count be taken on Lovers Lane once the road is opened again to traffic. First Selectman Denvir noted a count could be taken while the Town has the use of the traffic count equipment.

7. New Business

1. Recreational Needs Assessment

First Selectman Denvir noted the Recreational Needs Assessment has been received. He will see that Peg Scofield receives a copy to be put on www.killingworthtoday.com for anyone who wishes to review at it.

2. Yellow Stripes/Town Roads – req. by L. Annino

Motion by Selectman Annino that the Town double stripe all the roads in Town. Discussion followed. Selectman Morgan noted he wasn't sure the Town needs to put a double line on the roads in Town. He suggested starting with single lines on the Town's footprint roads. Selectman Annino rescinded his motion. Motion by Selectman Annino, second by Selectman Morgan, to yellow stripe the Town's footprint roads. Discussion followed. First Selectman Denvir asked Selectman Morgan if the lines would slow people down and keep them in their lanes. Selectman Morgan noted he didn't think it would slow anybody down, but it would keep cars in their own lane. First Selectman Denvir asked how this would be monitored to see if it works. Selectman Annino noted he didn't think it had to be monitored. The people have said several times this is what they want. First Selectman Denvir noted the Town has heard from experts on this subject, the accidents in this Town are rear-end or intersection accidents; therefore, there is no evidence to suggest this will help. VOTE: In favor – Annino, Morgan. Opposed – Denvir. Motion Carried.

Motion by First Selectman Denvir, second by Selectman Morgan, to add two items to the Agenda under Old Business – Lovers Lane and Pharmedica. VOTE: In favor – Denvir, Morgan, Annino. Opposed – none. Motion Carried.

6. Old Business

3. Lovers Lane

First Selectman Denvir noted he didn't have anything new to report on Lovers Lane . Selectman Annino indicated he thought the road could be opened if a couple of hours is spent cleaning out the pipe. He reiterated he would like to see a traffic count taken on Lovers Lane . It was noted there is no charge for the use of counting equipment which belongs to CRERPA. Ms. Tunney noted the grant money available for that road is 85 percent. Selectman Annino noted that with a little bit of ingenuity and little less engineering, the Town could keep that road open. Ms. Tunney offered to spearhead a grants committee for this project or any Town project. She noted the Town should not be charged for her conversation with Mr. Pfrommer of N. L. Jacobson & Associates. First Selectman Denvir noted he thought he did see a bill for said discussions. Ms. Tunney noted she would speak with Mr. Pfrommer about this matter. She reiterated Lovers Lane is a wetlands area and this should be considered. Ms. Tunney noted if the traffic count reaches a certain number, it becomes a local connector road.

4. Pharmedica

First Selectman Denvir noted there have been no new developments with the Pharmedica building. Tom Kothman noted he has been curious about the Pharmedica property and if any progress has been made on this subject. First Selectman Denvir noted it was hard to give any kind of a timeline for Pharmedica. He briefly reviewed, as he did at the last meeting, the Bosco property, the Venuti property and now the Pharmedica building. He discussed the relocation of the transfer station. The permitting process has begun for the road into the new transfer station. Mr. Denvir indicated it is up to the Town fathers to research all these items and present the advantages and disadvantages to the Townspeople. The Town is currently in the process of getting scaled back designs from Clough Harbour & Associates, and in negotiations with the Venuti's attorney. There is currently no one else interested in the Pharmedica building.

Michael Board noted there is other land available on the Pharmedica property in case in 50 to 80 years there is the need for another structure.

First Selectman Denvir noted the Town has a long way to go yet before any determination is made on any of these items. He indicated Pharmedica was just leasing space in that building. The individual who owns the building lives in Essex .

8. First Selectman's Announcements

First Selectman Denvir noted with sadness the recent passing of Mark Harwood who was a valued member of the Killingworth Park & Recreation Commission as well as Haddam-Killingworth Recreation Authority.

Selectman Annino noted it has been brought to his attention that people are again using the Town cemeteries. He asked who has control over the Town's cemeteries. First Selectman Denvir noted he has been trying to get an answer to that question. He will also ask the Historical Society if they have any plans for reviving some of the cemeteries.

9. Selectmen's Concerns – none.

10. Executive Session – Personnel Issues

Motion by Selectman Annino, second by Selectman Morgan, to go into Executive Session at 8:40 PM to discuss personnel issues. VOTE: In favor – Annino, Morgan, Denvir. Opposed – none. Motion Carried. Motion by Selectman Morgan, second by Selectman Annino, to come out of the Executive Session at 9:10 PM . VOTE: In favor – Morgan, Annino, Denvir. Opposed – none. Motion Carried. No action was taken during Executive Session.

11. Adjournment

Motion by Selectman Morgan, second by Selectman Annino, to adjourn at

9:01 PM . VOTE: In favor – Morgan, Annino, Denvir. Opposed – none. Motion Carried.

TOP

Killingworth Board of Selectmen
Regular Meeting, March 22, 2004

1. Call to Order.

The Killingworth Board of Selectmen held its regular meeting on Monday, March 22, 2004, at the Killingworth Town Office Building, 323 Route 81, Killingworth. In attendance were First Selectman David Denvir, Selectman Louis Annino, and Selectman Charles Morgan. First Selectman Denvir called the meeting to order at 7:00 PM .

First Selectman Denvir explained that at the last meeting the tape was not recording for the first twenty minutes or so, and if there was anyone present who had comments that weren't included in the minutes, he welcomed that individual to speak up again at this meeting.

2. Approval of Minutes of Meetings: February 9, 2004 , March 8, 2004 and March 16, 2004 Special Meeting.

Motion by Selectman Annino, second by Selectman Morgan, to approve the February 9, 2004 Minutes as written. VOTE: In favor : Annino, Morgan, Denvir. Opposed – none. Motion Carried.

  Motion by Selectman Morgan, second by Selectman Annino, to approve the March 8, 2004 Minutes as written. VOTE: In favor – Morgan, Annino, Denvir. Opposed – none. Motion Carried.

Motion by First Selectman Denvir, second by Selectman Morgan, to rescind the approval of the March 8, 2004 Minutes noted in the prior motion. VOTE: In favor – Denvir, Morgan, Annino. Opposed – none. Motion Carried.

  Motion by Selectman Annino, second by Selectman Morgan, to approve the March 8, 2004 Minutes amended as follows –

•  Page 3, under b. Bosco Heat, correct the spelling of “flu” to “flue” throughout the paragraph.

•  Page 3, under b. Bosco Heat, 4 th sentence, change “house” to “houses.”

•  Page 3, under b. Bosco Heat, add to last sentence, “…necessary, without a pre-condition of repayment.”

VOTE: In favor – Annino, Morgan, Denvir. Opposed – none. Motion Carried.

Motion by Selectman Annino, second by Selectman Morgan, to approve the March 16, 2004 Special Meeting Minutes as written. VOTE: In favor – Annino, Morgan, Denvir. Opposed – none. Motion Carried.

3. Visitors

The following visitors were present - Jere Adametz, Richard Cabral, David LeVasseur, Kathryn LeVasseur, Essie Spencer, Denise Stevens, Michael Board, Jim Thomsen, Arleen Tunney, Ken Maxwell, Peter Venuti, Peg Scofield, Shannon OCork and Charles Stannard.

E. Spencer and Denise Stevens from Youth & Family Services were present. The budget was reviewed. It was noted the two towns of Haddam and Killingworth contribute to the Agency. It was suggested there be equal donations from each town. Mr. Denvir noted the request was for $8,000 from Killingworth and $5,000 from Haddam. Ms. Spencer explained that Killingworth had been behind for a couple of years and they were trying to get them to where they needed to be according to the average. Ms. Spencer reviewed some of their programs noting they try to answer the social needs of the community. She explained they don't have all services in-house. They are short on clinical staff. Staffing for YFS was reviewed. Ms. Spencer noted the YFS appreciates the Town's help over the last few years and urged the Town to give the full increase requested in the budget. Mr. Cabral suggested that a copy of the 54 page report and the survey information that was referenced by Ms. Spencer earlier in this discussion be sent to the Selectmen so they have something to base their request on when turning it over to the Board of Finance. Ms. Spencer thanked Mr. Cabral for the suggestion noting she would do so. Ms. Spencer invited everyone to the community night. She also noted they are in need of adult mentors as well. Anyone interested should contact Ms. Spencer. Youth & Family Services also has a website created by a Killingworth volunteer.

Kathryn and David LeVasseur were present. Mr. LeVasseur noted that Kathryn provided the Selectmen with copies of the model ordinance as well as other local ordinances that have been passed. There is a total of 31 now, with Seymour being the most recent to pass it. It was noted the Ordinances are substantively the same, but have different levels of fines. Mr. LeVasseur noted that he spoke with Attorney Bill Howard and also provided him with a set of the Ordinances. Selectman Morgan noted he has read all the Ordinances and they are pretty much the same. First Selectman Denvir noted he has had an occasion to discuss this at length with the Town's resident trooper who maintains the position he publicly stated that is would be an added tool for law enforcement. The trooper, however, had a concern over the ability of these Ordinances to be enforced. Specifically, when a trooper is writing an infraction he needs to recite the citation number, what the fine is, etc. and if all the different communities have different Ordinances, this could be a problem. All the troopers will not know all the citation numbers, etc. Mr. Denvir noted the goals of the Ordinance are laudable and suggested an Ordinance be presented to the public at the most expeditious opportunity, i.e. next Town Meeting. If a vote is taken tonight on the Ordinance, it may or may not pass. It was noted the issue of getting this rectified by a Statewide statute may or may not occur. Mr. LeVasseur noted the earliest it would come up again is January of 2005. Kathryn noted that Troop F has voiced some concern regarding trooper enforcement, but there will be training for the Troop. If we wait for the State to provide some uniform kind of action it will be another 9 or 10 months. Mr. Cabral suggested this item might be taken up for a motion under Old Business where it is listed, rather than doing a motion during the Visitors section of the Agenda. Motion by First Selectman Denvir, second by Selectman Annino, to bring the proposed Alcohol Ordinance to a Town Meeting for a vote no later than the May Budget Town Meeting. VOTE: In favor - Denvir, Annino, Morgan. Opposed - none. Motion Carried.

  Ken Maxwell noted a visitor was reprimanded at the last meeting. Mr. Denvir has now turned the meeting over to the rest of the visitors to make comment, but a motion was just made and voted on which disallows him to speak on that particular issue. Mr. Maxwell noted Trooper Perry brought out a couple of salient points at the last meeting regarding recent parties in town. The kids that were at that party and that taunted and saluted the Troopers were acting with immunity even though they knew they were wrong. Those kids have an umbrella over them. The longer this is dragged out, the more of a security blanket they have. First Selectman Denvir noted this Board has not delayed anything here. It has committed itself to bring it to a vote of both this Board and the Townspeople. Mr. Denvir noted Mr. Maxwell stated he was concerned about the kids driving home. Mr. Denvir indicated it was very easy to prevent them from driving home. He asked where the parents responsibility is in all this. Mr. Denvir reiterated he has reviewed State law and has not made up his mind yet. Mrs. Tunney asked whether this had to go before Town Meeting or just Board of Selectmen. Selectman Morgan noted it had to go before Town Meeting. Mr. Venuti asked what would have happened if it was adults having this party. Mr. Denvir replied that would depend on whether or not the Troopers had probable cause.

Jere Adametz asked if there were any records regarding the road settling for Lover's Lane. Mr. Denvir noted he received a report from the Town Engineer showing test borings. He would have to ask the Highway Department if they had anything on the road settling issue. Mr. Adametz noted if there are no records to back it up, then it shouldn't have been stated in the paper that the road was settling 3 or 4 inches a year.

Jere Adametz asked about Chittenden Road East . He noted the Town didn't plow it for the last snowstorm and they haven't fixed the potholes. He asked if the Town could maintain it a little bit better. First Selectman Denvir noted the Town does not fix potholes on dirt roads during the winter months, only when the frost heaves are gone. That road is maintained annually.

Jere Adametz noted there was an article in the paper about the Pharmedica building and that the Town was interested in purchasing it. He asked if the building was for sale and what the price was. Mr. Denvir replied the building was for sale and the one unoccupied building was $2.7 million and the entire two buildings were $4.5 million.

Mr. Cabral noted he would reserve any comments for later on.

Mike Board noted he voted for the Middle School on Route 81 and has 3 grandchildren. He asked the Selectmen if they were using their own personal funds, would they buy property if there was a boundary dispute. Selectmen Annino and Morgan both replied absolutely not. He also asked them if they were buying property with tax dollars and there was a boundary dispute, would they buy the property. Both said no. There was discussion regarding the title search process and why the policy has not been issued for the Provalko property yet. The only thing received for the Provalko property from the title search company was a commitment.

Jim Thomsen noted he was interested in the Pharmedica property. He was concerned the Town is getting lost in a maze of buildings. Why is Bosco, Venuti and Pharmedica all being mentioned in the same breadth. First Selectman Denvir explained the Town is obligated to look at every single opportunity that may come along. Perhaps the Pharmedica property could solve a number of issues. Mr. Denvir reviewed the status of the Town Centre Plan including the infrastructure and what it would take to relocate the transfer station and then the remediation after it is relocated. Perhaps the ball fields could go in the old dump area after remediation. Mr. Thomsen asked how the negotiations are going with the Venutis. Mr. Denvir replied that is in the hands of the Town Attorney as of one week ago.

Mrs. Tunney noted Mr. Denvir is an attorney and not a planner. Planning of the Town should be left to a Town Planner. She has been talking with two groups to see if they can take the Town on as a Planning project. It would not cost the Town anything.

Peter Venuti noted the Town is giving away property on Green Hill Road which was approved about a year ago. Why is the Town giving away land? This isn't cost effective. First Selectman Denvir noted this parcel of land has been discussed several times. The problem with this piece of land is that it was excavated to a point of being within one foot of breaching the aquifer.

There was further discussion regarding the new proposed Middle School in Killingworth. Selectman Annino noted the time has come to get a divorce. The two communities are not compatible. When the vote was taken to build the school, the vote in Haddam was no. The way this property was acquired is a good example. Mr. Board noted he thanked the Board of Selectmen for getting the public meeting, but asked if the Board could support what happened here. Could this Board ask for an investigation? First Selectman Denvir explained the commitment letter for the title search. He noted it didn't surprise him to see a commitment letter without a number.

There was a brief discussion of Lover's Lane and how much it has settled.

4. Tax Abatements & Refunds

First Selectman Denvir reviewed the following tax abatements and refunds -

$ 90.00 George J. Mandes Error on Check

Motion by Selectman Annino, second by Selectman Morgan, to approve the Tax Abatements and Refunds as reviewed. VOTE: In favor Annino, Morgan, Denvir. Opposed - none. Motion Carried.

5. Appointments and Vacancies

1. Water Pollution Control Authority

Motion by Selectman Morgan, second by Selectman Annino, to appoint Steven Durdy to the Water Pollution Control Authority. VOTE: In favor - Morgan, Annino, Denivr. Opposed - none. Motion Carried.

6. Old Business

1. CT Water Company Dam

First Selectman Denvir noted he copied both Selectmen Annino and Morgan on the literature he received regarding this subject. The Water Company is going forward with the permitting process to raise the dam and spillway 5 feet.

2. Anthem/AFSCME Lawsuit

First Selectman Denvir gave a update of the lawsuit regarding the shares received during the demutualization of Blue Cross. He explained Killingworth was one of two towns not named in the original lawsuit. A subsequent lawsuit was filed naming the Towns of Killingworth and West Haven . The Town of West Haven has moved to consolidate and after conference with Attorney Bill Howard, it was his recommendation to do the same. That being the case there should be a significant reduction in fees. Unless this Board says otherwise, the Town will continue with its instruction to consolidate lawsuits.

3. Bosco House Heat

First Selectman Denvir noted the flue less system will cost much less to install provided parts of the building can be found to accommodate it. The proposed heating contractor is trying to find ways to work with the Historical Society so there is no additional cost involved.

4. Teen Alcohol Ordinance

No further comments. This was discussed earlier in the meeting.

5. Lover's Lane

Selectman Annino noted Lover's Lane is a subject that he has been vociferous about and will continue to speak on it. He noted the Town's roads are its biggest asset, and Lover's Lane has been a problem for a long time. The Town shouldn't just let it deteriorate. There are some ideas out there that should be investigated.

Mrs. Tunney noted she received a copy of the Town Engineer's report as promised and then talked with the Engineer. An interim solution would be a bailey bridge at a cost of about $78,000 for the bridge and about $30,000 in temporary abutments and engineering costs. This would last about two to five years. Mrs. Tunney reviewed information relating to a grant that would fund 85 percent of the cost. She also volunteered to work on applying for the grant and asked for permission to do so. Mrs. Tunney requested the Board put $100,000 in this year's budget to pursue the bridge with the understanding the Town would be responsible for about 20 percent of the cost.

First Selectman Denvir noted he was grateful to Mrs. Tunney for obtaining this information and offering to do the grant work. He explained the Board of Finance has been asked to consider work on the Reservoir Road Bridge immediately in view of the notification from the State on its condition. Mrs. Tunney noted the Reservoir Road Bridge services Reservoir Road people and Lover's Lane services the whole northwest end of Town. She once again asked if she could proceed with working on the grant process. Mr. Denvir explained the Town has been aware that there are four bridges in Town in need of repairs. Two where the State would appropriate funds to assist in the project, and two where the State would not assist with funds. Mr. Denvir indicated the Board had not planned on budgeting any major bridge work this year, but the State said the bridge would be closed. He has instructed the Town Engineer to proceed with the grant process for the Reservoir Road Bridge . This Board has not indicated it will put any money into Lover's Lane yet. Mr. Denvir noted that people who use Lover's Lane are used to it being closed; the people on Reservoir Road are not. A detour on Reservoir Road would be to Roast Meat Hill Road and not on to State roads such as Lover's Lane.

Motion by Selectman Annino to give Mrs. Tunney the ability to proceed with the grant application for Lovers Lane . After discussion the motion was withdrawn. Motion by First Selectman Denvir to instruct Jacobson & Associates to cooperate with Mrs. Tunney to provide whatever information and assistance she may need to pursue the grant application; and then immediately withdrew this motion. It was agreed to table this issue until the next meeting.

First Selectman Denvir noted the reason Lover's Lane was closed much earlier this year was because someone was breaking the gate open on the nights when the water was freezing.

7. New Business

1. Dump Business Permits

First Selectman Denvir noted the Town is issuing new decals for the transfer station. He indicated there must be a uniform statement of how the Town is treating businesses. The Ordinance says the transfer station is for residents. Therefore, if you are a business and reside in Town, you can get a permit. If you are a business and do not reside in Town, you can't get a permit. Selectman Morgan noted he agreed with that, but indicated the rules are changing. Is that the recommendation now? First Selectman Denvir noted that is the recommendation of the PAYTC. Does this Board want to adopt that policy regarding businesses. It was agreed that it is the position of this Board that permits are not granted to businesses, only residents. A business must have a dumpster which is a cost of doing business.

2. CMED Grant to Valley Shore Emergency Communications

First Selectman Denvir noted he recently learned that a grant from the State of Connecticut in the amount of $950 that has always been designated every year as Valley Shore Emergency Communications as the recipient, has not been credited against our account. Mr. Denvir has been trying to contact Mr. Darin from VSEC, but they have not been able to discuss this yet. The Council of Elected Officials will be discussing this matter with the other local Selectmen and Mr. Darin as well.

3. Estuary Council of Seniors

First Selectman Denvir noted there is a vacancy on the 20 plus member Board for the Estuary Council of Seniors. This group as a whole provides a needed service but they may be having some problems.

Motion by First Selectman Denvir, second by Selectman Morgan, to amend the Agenda to add the following item “Resolution at the request of the Town Clerk for execution of application for Historic Preservation Grant.” VOTE: In favor - Denvir, Morgan, Annino. Opposed - none. Motion Carried.

4. Town Clerk's Historic Preservation Grant

Motion by First Selectman Denvir, second by Selectman Morgan, that First Selectman Denvir be empowered to execute on behalf of the Town of Killingworth an application with the State Library for an Historic Preservation Grant for the Town Clerk's Office. VOTE: In favor - Denvir, Morgan, Annino. Opposed - none. Motion Carried.

8. DLD Announcements - none.

9. Selectmen's Concerns - none.

10. Executive Session - Property Sale and Acquisition

Motion by First Selectman Denvir, second by Selectman Annino, to go into Executive Session at 9:20 PM for the purpose of discussing property sale and acquisition. VOTE: In favor - Denvir, Annino, Morgan. Opposed - none. Motion Carried.

Motion by Selectman Morgan, second by Selectman Annino, to come ouf of Executive Session at 9:35 PM . VOTE: In favor - Morgan, Annino, Denvir. Opposed - none. Motion Carried. No motions were made during Executive Session.

11. Adjournment

Motion by Selectman Annino, second by Selectman Morgan, to adjourn at 9:36 PM . VOTE: In favor - Annino, Morgan, Denvir. Opposed - none. Motion Carried.