July 24, 2006 - REGULAR
1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, July 24, 2006, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were First Selectman Martin Klein, Selectman Fred Dudek and Selectman Edward Sipples. Several interested citizens were also present. First Selectman Klein called the meeting to order at 7:00 PM.
2. Approval of Minutes – July 10, 2006
Motion by Dudek, second by Sipples, to approve the July 10, 2006 Minutes with the additional notation to be added to Page 2, under 8., first paragraph, that “Selectman Sipples noted the Town of Killingworth was fortunate to have Richard Leighton performing the inspections at the school and that he did a great job.”
Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
3. Visitors
Don Berry (individual in charge of the compactor and crew) was present. First Selectman Klein noted Mr. Berry was very knowledgeable about compactor issues. Mr. Berry noted the hour change to 8:00 PM on Tuesdays and Thursdays was not working. He would like the Saturday hours to remain the same and the Tuesday/Thursday hours to be 2 to 7 PM. Discussion pursued between Mr. Berry and PAYT members regarding the hours. It was noted PAYT members would be at the transfer station the first two weeks in August to do a car count. First Selectman Klein urged everyone to work together. Peter Venuti reviewed numbers he obtained when he was present on Tuesday/Thursday at 7:30 PM. Selectman Sipples noted there seems to be a conflict in the numbers. Selectman Dudek suggested counts be taken for the month of August and then everyone can come back to the Board of Selectmen for further review. First Selectman Klein advised Mr. Berry there would be a cardboard crushing experiment held for two weeks starting August 2nd.
4. Tax Abatements and Refunds
$ 3,596.06 Frank Vumback Over tax on affordable housing for 3 years
$ 417.68 Todd Hajek Over tax on affordable housing for 3 years
$ 61.53 Scott Vertucci Sold Motor Vehicle
$ 11.71 Diana E. Russell Sold Motor Vehicle
$ 150.99 Ford Motor Credit Sold Motor Vehicle
$ 497.14 David & Lisa Hines Refund, Error in Real Estate
$ 162.78 Walter Cody Apply Veterans Benefits for 2 years
$ 19.68 George Everson Sold Motor Vehicle
$ 24.48 Marcia Trape Sold Motor Vehicle
$ 15.03 Joseph Danicole Sold Motor Vehicle
Motion by Dudek, second by Sipples, to approve the tax abatements and refunds as noted above. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
5. Appointments/Vacancies
Motion by Klein, second by Dudek, to appoint Don Buehl as alternate to Zoning Board of Appeals. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
6. Old Business
1. Lover’s Lane – M. Wells, Esq.
Attorney Michael Wells read his letter dated July 20, 2006 into the record regarding issues pertaining to Lover’s Lane. There was much discussion regarding the liability of the Town in the event of a fatal fire or accident and the road was closed. First Selectman Klein noted he has made arrangements with the Town Foreman for him to look at the road daily and when he feels it should be opened or closed, he is to notify Mr. Klein. Selectman Dudek noted the constant opening and closing of the road is confusing people and he didn’t want the concrete blocks blocking the road because he can’t open the road under his rules as Fire Chief. Selectman Dudek noted the last Board of Selectmen had a plan and went to Inland Wetlands for a permit. That permit was pulled. He indicated that road has been open for the last 40 years and felt the road should have stayed open when Selectmen Sipples and Dudek opened it back in March. It should also stay open until November of December when the road freezes again. Motion by Dudek that Lovers Lane be opened and stay open until icing conditions become an issue. Discussion followed. Selectman Dudek briefly reviewed the original plan to repair the road. It was noted there has been no road maintenance on Lover’s Lane. Mr. Dudek reiterated the road should be open and remain open until icing becomes an issue. Selectman Sipples noted First Selectman Klein presented a Resolution at a prior meeting which Selectmen Dudek and Sipples felt was too restrictive. Mr. Klein noted he sees this as a liability issue. Motion was amended by Sipples to keep the road open until December 1st or when icing conditions become an issue. Discussion followed as to whether or not there should be a measurable amount of water stated. Attorney Wells reviewed liability and “defect” of the road when measurable water is standing. Selectman Sipples asked whether there should be speed signs or “water over road” signs. Selectman Dudek noted he would like to have the Town Engineer come back and explain the plan to the other two members of the Board who were not here when the original plan was reviewed. There was discussion about whether DEP would allow sheet steel to be put down while the work is being done. Michael Board noted there is a liability there, but he believes the road should be open at all times. Mr. Venuti noted there is a liability of every road in Killingworth. The Town road maintenance is not up to what it is supposed to be. He felt Lover’s Lane should be open and that the road is not sinking. The problem with Lover’s Lane has to be fixed. There was discussion regarding why the IW permit was pulled and the Town Engineer’s bill for his review. Mr. Venuti noted he agreed with Selectman Dudek in that something should be done even if it a temporary solution for 15-20 years. It was noted there is $55,000 earmarked for Lover’s Lane work and the Town should come up with some hard facts for a solution. First Selectman Klein noted he would be happy to show anyone the files over the past years that have been accumulated on this subject. Selectman Dudek reiterated he does not want to see the road constantly opened and closed. Motion by Dudek was restated that Lovers Lane remain open until icing conditions become an issue or the Board of Selectmen close it for safety issues. Motion was seconded by Sipples. Motion by Dudek was restated that Lovers Lane remain open until icing conditions cause it to be closed by the Board of Selectmen and the Board of Selectmen have the authority to close it in the event of a safety issue and to reopen it. Motion was seconded by Sipples. VOTE: In favor – Dudek, Sipples. Opposed – none. Abstained – Klein. First Selectman Klein noted he has looked at the road many times and feels that road has a tremendous amount of liability. He felt the Town was putting people in harm’s way by opening the road.
Selectman Dudek noted he would like the Town Engineer to come back to a Board of Selectmen’s meeting and review the original plan.
Motion by Sipples, second by Dudek, to install two signs stating speed limit is 15 miles per hour on Lovers Lane from the cemetery to Route 148. VOTE: In favor – Sipples, Dudek. Opposed – none. Abstained – none. Jere Adametz noted it would be necessary for the State Traffic Commission to approve the speed limit on town roads.
Mike Board noted he would like to thank the Town for striping the roads. He also noted the Board of Finance two weeks ago advised Mr. Klein that he should adhere to the Town’s bidding procedures. Mr. Board briefly noted a couple of recent instances where projects were over the $5000 bid limit. Mr. Klein noted he received 3 bids for Alders Bridge Road and his secretary opened them. He looked at them and made a decision. Mr. Klein briefly reviewed the tree surgeon work at the cemetery and the roof replacement at the Town Hall. Mr. Board urged Mr. Klein to adhere to the law with regard to the Town Charter.
2. Affordable Housing
No discussion. Brief discussion took place under tax abatements above.
7. New Business
1. Land Conveyance/Green Hill Road – M. Wells, Esq.
First Selectman Klein read into the record a proposed Resolution prepared by Attorney Michael Wells relative to the land conveyance from Gary Bellard. Motion by Dudek, second by Sipples, to approve the following Resolution as presented:
Resolved: That the Board of Selectmen hereby recommends to the Planning and Zoning Commission and the Town Meeting that the Town accept the following property to be conveyed by Gary Bellard Nominee for Willowbrook Properties for the purpose of reconfiguration of the intersection of Green Hill Road and Route 81:
All that certain piece or parcel of land located between Green Hill Road and Connecticut Route No. 81 in the Town of Killingworth, County of Middlesex, and State of Connecticut and shown as “Land of Gary Bellard Nominee to be conveyed to the Town of Killingworth 0.16 Acres (7,177 Sq. Ft.)” on a certain map entitled “Right of Way Survey Property of Gary Bellard, Nominee to be conveyed to the Town of Killingworth Green Hill Road & Route 81 Killingworth, Connecticut Date: Mar 2006 Land Survey and Technical Services Inc. Chester, Connecticut” said map being or to be recorded in the land records of said Town of Killingworth, said parcel being more particularly described as follows:
Beginning at a point shown as “Iron Rod to Be Set” on the westerly side of Route 81 being the northerly corner of the property herein conveyed; thence running South 07 degrees 12 minutes 14 seconds East along Route 81 129.78 feet to a point marked “Iron Rod to be Set”; thence turning and running along Other Land of Gary Bellard, Nominee, the following courses and distances: North 80 degrees 06 minutes 25 seconds West 31.32 feet to a iron rod to be set; thence along a curve to the south west with a radius of 50.00 feet a distance of 75.18 feet to a point marked “Iron Rod to be Set”; thence turning and running along the current street line of Green Hill Road the following courses and distances: North 13 degrees 44 minutes 31 seconds East 99.51 feet; North 13 degrees 44 minutes 31 seconds East 66.43 fee to an point marked “Iron Rod to be Set”; thence turning and running along land nor or formerly of Richard Pribnow and Susan Brandow South 89 degrees 13 minutes 47 seconds East 32.32 feet to the point or place of beginning.
Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
Jere Adametz warned the Board that if trees were cut down on his property, the Town would be liable and would see another lawsuit.
2. Budget FY 2005/2006
Selectman Dudek noted he looked at the bottom line and thought the auditor was going to review it and then the Board would review it. Selectman Sipples noted he had several questions. Items reviewed – Selectmen’s Secretary’s Salary, Town Counsel, Town Clerk’s Salary, Building Official RSD#17, Highway Department, Park & Recreation. Selectman Sipples asked if the Purchase Order Policy has been instituted. First Selectman Klein noted it is just for the Town Hall and not Boards and Commissions.
3. Computer RFP Bid Opening
The following 3 bids were opened by Selectman Dudek – TechNet Computing LLC, Sydell Associates LLC and Fuss & O’Neill. Selectman Dudek will review these bids and report back to the Board of Selectmen at the next meeting when the bid will be awarded. Mr. Dudek noted if he had any questions he would contact the vendors.
8. MK Announcements – none.
9. Selectmen’s Concerns
Selectman Sipples noted there was a communication sent to First Selectman Klein from Generations Together Team. He asked if Mr. Klein received it and was going to respond. Mr. Klein noted he did not know whether or not he got the letter. Mr. Sipples noted he would urge Mr. Klein not to ignore this letter.
Selectman Sipples made a motion to have the Land Use Committee assist Park & Recreation in the development of the Wettish Property. Discussion followed. Mr. Sipples noted the Land Use Committee has not been given a specific charge and urged this be done. First Selectman Klein noted the Land Use Committee has advised him they would be postponing meetings for awhile as they have nothing to do. It was decided to put this item on the Agenda for the next meeting and someone should talk to the Land Use Committee and Park & Recreation before that meeting. Chairman Sipples read an excerpt from the Land Use Committee Minutes. No vote was taken.
Selectman Sipples asked if the Board of Selectmen will be reviewing the proposed Town Charter changes before the public hearing and town meeting. It was agreed to put this item on the next BOS meeting agenda.
Selectman Sipples asked about the KMEA Contract and expressed concern that the Board did not see the contract. Selectman Dudek noted the Board of Selectmen are to ratify the contract. Mr. Dudek also noted that if the contract sits for 45 days, then it automatically takes effect. Mr. Klein noted nothing could be changed this year in the contract, but changes can be made when it comes up again next year.
Amy Roberts-Perry noted she received a copy of a proposed DEP Solid Waste Management Plan and asked if anyone from the Board would be attending these meetings. She noted she is going to be on one of the State Advisory Boards due to her interest in this matter.
10. Adjournment
Motion by Klein, second by Sipples, to adjourn at 9:15 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
The Killingworth Board of Selectmen held its regular meeting on Monday, July 24, 2006, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were First Selectman Martin Klein, Selectman Fred Dudek and Selectman Edward Sipples. Several interested citizens were also present. First Selectman Klein called the meeting to order at 7:00 PM.
2. Approval of Minutes – July 10, 2006
Motion by Dudek, second by Sipples, to approve the July 10, 2006 Minutes with the additional notation to be added to Page 2, under 8., first paragraph, that “Selectman Sipples noted the Town of Killingworth was fortunate to have Richard Leighton performing the inspections at the school and that he did a great job.”
Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
3. Visitors
Don Berry (individual in charge of the compactor and crew) was present. First Selectman Klein noted Mr. Berry was very knowledgeable about compactor issues. Mr. Berry noted the hour change to 8:00 PM on Tuesdays and Thursdays was not working. He would like the Saturday hours to remain the same and the Tuesday/Thursday hours to be 2 to 7 PM. Discussion pursued between Mr. Berry and PAYT members regarding the hours. It was noted PAYT members would be at the transfer station the first two weeks in August to do a car count. First Selectman Klein urged everyone to work together. Peter Venuti reviewed numbers he obtained when he was present on Tuesday/Thursday at 7:30 PM. Selectman Sipples noted there seems to be a conflict in the numbers. Selectman Dudek suggested counts be taken for the month of August and then everyone can come back to the Board of Selectmen for further review. First Selectman Klein advised Mr. Berry there would be a cardboard crushing experiment held for two weeks starting August 2nd.
4. Tax Abatements and Refunds
$ 3,596.06 Frank Vumback Over tax on affordable housing for 3 years
$ 417.68 Todd Hajek Over tax on affordable housing for 3 years
$ 61.53 Scott Vertucci Sold Motor Vehicle
$ 11.71 Diana E. Russell Sold Motor Vehicle
$ 150.99 Ford Motor Credit Sold Motor Vehicle
$ 497.14 David & Lisa Hines Refund, Error in Real Estate
$ 162.78 Walter Cody Apply Veterans Benefits for 2 years
$ 19.68 George Everson Sold Motor Vehicle
$ 24.48 Marcia Trape Sold Motor Vehicle
$ 15.03 Joseph Danicole Sold Motor Vehicle
Motion by Dudek, second by Sipples, to approve the tax abatements and refunds as noted above. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
5. Appointments/Vacancies
Motion by Klein, second by Dudek, to appoint Don Buehl as alternate to Zoning Board of Appeals. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
6. Old Business
1. Lover’s Lane – M. Wells, Esq.
Attorney Michael Wells read his letter dated July 20, 2006 into the record regarding issues pertaining to Lover’s Lane. There was much discussion regarding the liability of the Town in the event of a fatal fire or accident and the road was closed. First Selectman Klein noted he has made arrangements with the Town Foreman for him to look at the road daily and when he feels it should be opened or closed, he is to notify Mr. Klein. Selectman Dudek noted the constant opening and closing of the road is confusing people and he didn’t want the concrete blocks blocking the road because he can’t open the road under his rules as Fire Chief. Selectman Dudek noted the last Board of Selectmen had a plan and went to Inland Wetlands for a permit. That permit was pulled. He indicated that road has been open for the last 40 years and felt the road should have stayed open when Selectmen Sipples and Dudek opened it back in March. It should also stay open until November of December when the road freezes again. Motion by Dudek that Lovers Lane be opened and stay open until icing conditions become an issue. Discussion followed. Selectman Dudek briefly reviewed the original plan to repair the road. It was noted there has been no road maintenance on Lover’s Lane. Mr. Dudek reiterated the road should be open and remain open until icing becomes an issue. Selectman Sipples noted First Selectman Klein presented a Resolution at a prior meeting which Selectmen Dudek and Sipples felt was too restrictive. Mr. Klein noted he sees this as a liability issue. Motion was amended by Sipples to keep the road open until December 1st or when icing conditions become an issue. Discussion followed as to whether or not there should be a measurable amount of water stated. Attorney Wells reviewed liability and “defect” of the road when measurable water is standing. Selectman Sipples asked whether there should be speed signs or “water over road” signs. Selectman Dudek noted he would like to have the Town Engineer come back and explain the plan to the other two members of the Board who were not here when the original plan was reviewed. There was discussion about whether DEP would allow sheet steel to be put down while the work is being done. Michael Board noted there is a liability there, but he believes the road should be open at all times. Mr. Venuti noted there is a liability of every road in Killingworth. The Town road maintenance is not up to what it is supposed to be. He felt Lover’s Lane should be open and that the road is not sinking. The problem with Lover’s Lane has to be fixed. There was discussion regarding why the IW permit was pulled and the Town Engineer’s bill for his review. Mr. Venuti noted he agreed with Selectman Dudek in that something should be done even if it a temporary solution for 15-20 years. It was noted there is $55,000 earmarked for Lover’s Lane work and the Town should come up with some hard facts for a solution. First Selectman Klein noted he would be happy to show anyone the files over the past years that have been accumulated on this subject. Selectman Dudek reiterated he does not want to see the road constantly opened and closed. Motion by Dudek was restated that Lovers Lane remain open until icing conditions become an issue or the Board of Selectmen close it for safety issues. Motion was seconded by Sipples. Motion by Dudek was restated that Lovers Lane remain open until icing conditions cause it to be closed by the Board of Selectmen and the Board of Selectmen have the authority to close it in the event of a safety issue and to reopen it. Motion was seconded by Sipples. VOTE: In favor – Dudek, Sipples. Opposed – none. Abstained – Klein. First Selectman Klein noted he has looked at the road many times and feels that road has a tremendous amount of liability. He felt the Town was putting people in harm’s way by opening the road.
Selectman Dudek noted he would like the Town Engineer to come back to a Board of Selectmen’s meeting and review the original plan.
Motion by Sipples, second by Dudek, to install two signs stating speed limit is 15 miles per hour on Lovers Lane from the cemetery to Route 148. VOTE: In favor – Sipples, Dudek. Opposed – none. Abstained – none. Jere Adametz noted it would be necessary for the State Traffic Commission to approve the speed limit on town roads.
Mike Board noted he would like to thank the Town for striping the roads. He also noted the Board of Finance two weeks ago advised Mr. Klein that he should adhere to the Town’s bidding procedures. Mr. Board briefly noted a couple of recent instances where projects were over the $5000 bid limit. Mr. Klein noted he received 3 bids for Alders Bridge Road and his secretary opened them. He looked at them and made a decision. Mr. Klein briefly reviewed the tree surgeon work at the cemetery and the roof replacement at the Town Hall. Mr. Board urged Mr. Klein to adhere to the law with regard to the Town Charter.
2. Affordable Housing
No discussion. Brief discussion took place under tax abatements above.
7. New Business
1. Land Conveyance/Green Hill Road – M. Wells, Esq.
First Selectman Klein read into the record a proposed Resolution prepared by Attorney Michael Wells relative to the land conveyance from Gary Bellard. Motion by Dudek, second by Sipples, to approve the following Resolution as presented:
Resolved: That the Board of Selectmen hereby recommends to the Planning and Zoning Commission and the Town Meeting that the Town accept the following property to be conveyed by Gary Bellard Nominee for Willowbrook Properties for the purpose of reconfiguration of the intersection of Green Hill Road and Route 81:
All that certain piece or parcel of land located between Green Hill Road and Connecticut Route No. 81 in the Town of Killingworth, County of Middlesex, and State of Connecticut and shown as “Land of Gary Bellard Nominee to be conveyed to the Town of Killingworth 0.16 Acres (7,177 Sq. Ft.)” on a certain map entitled “Right of Way Survey Property of Gary Bellard, Nominee to be conveyed to the Town of Killingworth Green Hill Road & Route 81 Killingworth, Connecticut Date: Mar 2006 Land Survey and Technical Services Inc. Chester, Connecticut” said map being or to be recorded in the land records of said Town of Killingworth, said parcel being more particularly described as follows:
Beginning at a point shown as “Iron Rod to Be Set” on the westerly side of Route 81 being the northerly corner of the property herein conveyed; thence running South 07 degrees 12 minutes 14 seconds East along Route 81 129.78 feet to a point marked “Iron Rod to be Set”; thence turning and running along Other Land of Gary Bellard, Nominee, the following courses and distances: North 80 degrees 06 minutes 25 seconds West 31.32 feet to a iron rod to be set; thence along a curve to the south west with a radius of 50.00 feet a distance of 75.18 feet to a point marked “Iron Rod to be Set”; thence turning and running along the current street line of Green Hill Road the following courses and distances: North 13 degrees 44 minutes 31 seconds East 99.51 feet; North 13 degrees 44 minutes 31 seconds East 66.43 fee to an point marked “Iron Rod to be Set”; thence turning and running along land nor or formerly of Richard Pribnow and Susan Brandow South 89 degrees 13 minutes 47 seconds East 32.32 feet to the point or place of beginning.
Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
Jere Adametz warned the Board that if trees were cut down on his property, the Town would be liable and would see another lawsuit.
2. Budget FY 2005/2006
Selectman Dudek noted he looked at the bottom line and thought the auditor was going to review it and then the Board would review it. Selectman Sipples noted he had several questions. Items reviewed – Selectmen’s Secretary’s Salary, Town Counsel, Town Clerk’s Salary, Building Official RSD#17, Highway Department, Park & Recreation. Selectman Sipples asked if the Purchase Order Policy has been instituted. First Selectman Klein noted it is just for the Town Hall and not Boards and Commissions.
3. Computer RFP Bid Opening
The following 3 bids were opened by Selectman Dudek – TechNet Computing LLC, Sydell Associates LLC and Fuss & O’Neill. Selectman Dudek will review these bids and report back to the Board of Selectmen at the next meeting when the bid will be awarded. Mr. Dudek noted if he had any questions he would contact the vendors.
8. MK Announcements – none.
9. Selectmen’s Concerns
Selectman Sipples noted there was a communication sent to First Selectman Klein from Generations Together Team. He asked if Mr. Klein received it and was going to respond. Mr. Klein noted he did not know whether or not he got the letter. Mr. Sipples noted he would urge Mr. Klein not to ignore this letter.
Selectman Sipples made a motion to have the Land Use Committee assist Park & Recreation in the development of the Wettish Property. Discussion followed. Mr. Sipples noted the Land Use Committee has not been given a specific charge and urged this be done. First Selectman Klein noted the Land Use Committee has advised him they would be postponing meetings for awhile as they have nothing to do. It was decided to put this item on the Agenda for the next meeting and someone should talk to the Land Use Committee and Park & Recreation before that meeting. Chairman Sipples read an excerpt from the Land Use Committee Minutes. No vote was taken.
Selectman Sipples asked if the Board of Selectmen will be reviewing the proposed Town Charter changes before the public hearing and town meeting. It was agreed to put this item on the next BOS meeting agenda.
Selectman Sipples asked about the KMEA Contract and expressed concern that the Board did not see the contract. Selectman Dudek noted the Board of Selectmen are to ratify the contract. Mr. Dudek also noted that if the contract sits for 45 days, then it automatically takes effect. Mr. Klein noted nothing could be changed this year in the contract, but changes can be made when it comes up again next year.
Amy Roberts-Perry noted she received a copy of a proposed DEP Solid Waste Management Plan and asked if anyone from the Board would be attending these meetings. She noted she is going to be on one of the State Advisory Boards due to her interest in this matter.
10. Adjournment
Motion by Klein, second by Sipples, to adjourn at 9:15 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
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