August 9, 2006 - REGULAR
1. Call to Order
The Killingworth Board of Selectmen held a special meeting on Wednesday, August 9, 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. First Selectman Klein called the meeting to order at
7:00 PM.
2. Visitors
Walter Adametz, Jr. – Public Works – was present. He indicated he would like to hire a replacement employee for the vacant position on the Town Crew. This position (driver/operator) has been vacant since November 11, 2005 and the salary is included in the current budget along with the raise. First Selectman Klein noted he didn’t think filling this position at this time was justified as the cutting of grass was almost done. He indicated he would like to look into eliminating the compactor which costs upwards of $300,000 a year. Mr. Klein stated only 40 percent of the townspeople use the compactor. It was noted the Ahearn administration had previously looked into this. Mr. Klein stated the PAYT Committee is talking about compacting cardboard and a special person will be needed for that in addition to the 4 employees that already work the compactor site. Klein suggested having a committee look into subbing this out and come back with recommendations. Selectman Dudek noted this was researched in 2004 and the numbers weren’t cost effective. Klein stated he thought this should be revisited. There have been several breakdowns and repair bills. Selectman Sipples noted the money is in the budget for replacement of that person and asked First Selectman Klein why that person had not been replaced, especially since things have been backed up. Klein indicated they have been working through the backed up items and if you hire another person, they will be on staff forever. It is all how you plan your work and you put your people in place. Dudek noted that just because the money is there is not a reason to hire someone. It was noted none of the transfer station employees are qualified to be driver/operators. Mr. Adametz reviewed the lack of highway department employees. Summer is the only time highway employees are allowed to take vacation and this creates a problem. Dudek asked if the contract states highway employees cannot take winter vacations. Adametz replied yes. First Selectman Klein stated it was his position there is enough staff and no more is required. He felt as much as possible should be subcontracted out. Mr. Adametz noted that if that is the position of this Board then the salary should have been withdrawn from the budget and the people not taxed on it. Jere Adametz asked if employees are hired to do specific jobs. Klein indicated job descriptions are in the process of being updated. In the past everyone does whatever is asked of them; there was no jurisdictional dispute.
Arlene Tunney asked what the policy was with curb repair. W. Adametz noted they have a list and they do it when they get to it.
Walter Adametz noted that since this administration took over the highway department has been singled out and made a whipping boy and micromanaged. There have been 104 complaints in the last six months. He further noted there was an extensive road maintenance program previously and it has been thrown out the window. He reviewed funds that had been taken out of the budget and then put back in by Board of Finance. If this is going to continue the roads will start to go backwards and the Town will be in deep trouble. Road sweeping and roadside mowing has been eliminated. Dudek noted this had been discussed at a previous meeting (at which Sipples was not present) and the reason for it was because the road crew was going to be tied in 2 other projects – Alders Bridge and Green Hill. Road sweeping was going to be done as needed. Dudek noted the First Selectman is Director of Public Works by Charter. Sipples agreed but noted the Director of Public Works is supposed to come to the Board of Selectmen.
Jere Adametz noted the Town Attorney indicated the Town is responsible if something happens on a Town road. The road east of Chittenden Road is terrible condition and should be maintained in the event of an emergency. Walter Adametz noted he was instructed to not do anything with gravel roads unless told to do so. W. Adametz reviewed Beckwith Road and North Chestnut Hill Road.
Dudek asked if there was a list of the normal plan for road maintenance. W. Adametz replied yes. Klein asked why this wasn’t presented to him when he first took office. W. Adametz replied that he was never asked for it. Adametz reiterated they have never gotten this many complaints.
W. Adametz noted it was his job to bring all this to the attention of the Board of Selectmen. Section 7-3 of the Charter was referenced as the First Selectman being the Director of Public Works.
Walter Adametz noted a fingerprint time clock was installed in March; the highway department being the only department having such a clock. The clock doesn’t work half the time and the service technician has been on site to reset it several times. This item was supposed to be a time saving thing, but we still hand write the time sheets. The time clock has been down for weeks at a time.
Walter Adametz noted the cleaning service at the town garage was eliminated on 1/6/06, but wasn’t eliminated anywhere else. He indicated as of 12/30/05 he couldn’t take the truck home anymore for emergency calls. It takes longer to respond to emergencies and therefore costs the town more money.
Walter Adametz noted the heat was turned off in the dog pound and the pipes froze and broke and money was spent for these repairs. He also noted the heat was turned down in the Town Hall and pipes froze and broke in that building.
Mike Board noted the fingerprint time clock was a capital expenditure and it should have been on the Agenda. No one person on this Board has the authority to do a capital expenditure and that was a misappropriation of funds and against the State Statutes. He noted the guard rails was over $5000 and should have gone out to bid. That was a direct violation of the bidding process. Mr. Board asked Mr. Klein why he doesn’t pay attention to the Town regulations and Town law.
Dudek noted he brought up the issue of the guard rails and road salt going out to bid and was told that would happen. It was noted that never came back to the Board of Selectmen.
Mike Board noted the time clock never came to the Boards of Selectmen or Finance and was illegal. He stated it was appalling that a citizen has to tell the Board of Selectmen they are breaking the law. This is not a one man show in Killingworth.
Arlene Tunney noted the fingerprint machine was never brought before the Board of Selectmen and the jersey barriers were over $5000. It was noted after the fact this was going to a grant writer for funds and then the grant writer was taken out of the budget.
Rick Albrecht noted this was a special meeting and things were deviating from the agenda.
3. Review of Charter
Page 9 – there was discussion regarding the appointment of Planning & Zoning Alternates. Rick Albrecht noted the Charter was silent about this in the past. He indicated it was the opinion of the Charter Revision Committee that the Board of Selectmen appoint P&Z alternates. Discussion followed about alternates being required to attend every meeting and whether or not that was necessary.
Page 11 – there was discussion regarding the fact that P&Z alternates should be called on a rotating basis. It was noted that in previous administrations, that was not the case. Jere Adametz noted alternates should be present at every meeting in the event they are required when a vote has to be taken and a regular member may be absent. This way the alternate is knowledgeable on what has transpired during the application process and can vote intelligently on the matter.
Page 26 – with regard to the Assessor, it was suggested the first paragraph be changed to say “just cause”. First Selectman Klein noted “just cause” should be spelled out.
Page 30 – Bidding Procedures - $5000 was changed to $10,000. Selectman Sipples noted there was a 1992 “…Competitive Bidding of Contracts…” in force and that procedure should be adopted using $5000 to $9999 as an amount. It was further noted this procedure exists today and the Town does not adhere to it. Mr. Albrecht noted the other procedure was not part of the Charter but a Town law. Mike Board noted this procedure was approved by the Boards of Selectmen and Finance in 1992 and became Town law using the figure between $2500 and $5000, and that law has never been superseded.
Selectman Dudek noted he had requested the Charter Revision Committee to review the subject of having a Public Works Commission specifically because the Board of Selectmen can’t possibly know what goes on on a daily basis at the highway department. A Public Works Commission should consist of experienced people knowledgeable in road repair. Dudek noted he was disappointed this was not in the proposed revisions to the Charter. Rick Albrecht stated he thought this was being addressed by the Board of Selectmen. There was discussion as to whether a Town Engineer could act as a Public Works Commissioner. Jim McDonald noted he didn’t think the Charter Revision Committee had the knowledge to structure such a Commission. First Selectman Klein noted he would like to use the members of the Reservoir Road Bridge Committee to do this when that Committee is done with the bridge project. Phil Stull noted he remembered Selectman Dudek recommending a Public Works Commission. He supports that idea and indicated it would be a mistake to let it go by.
There was discussion about timing to have the Charter revisions on the November ballot this year. Selectman Dudek noted he wanted these changes well thought out and the process not rushed through.
Mike Board noted more specifics need to be in the Charter about guidelines governing the Selectmen. There is currently no way to deal with someone not doing their job. There needs to be an employment policy specifically spelling out guidelines and minimum hours for the First Selectman.
Motion by Dudek, second by Klein, that the Charter Revision Committee re-examine the following 3 items –
1. Bidding process adopted in 1992 which is a part of the record tonight,
2. A re-request for the Public Works Commission based on discussion tonight,
3. An employment policy for the Board of Selectmen which includes the First
Selectman and the other two Selectmen.
Discussion followed. Motion was amended as follows –
Motion by Dudek, second by Sipples, to amend the above motion by adding Item 4. as follows –
4. To re-examine the appointment of Alternates to the Planning & Zoning Commission.
VOTE ON AMENDMENT – Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
VOTE ON ORIGINAL MOTION – Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
4. Authorization of Town Meeting – Property Conveyance Green Hill Road & Route 81
Motion by Dudek, second by Sipples, to authorize the Board of Selectmen to call a Town Meeting to accept the Bellard property at Route 81 as accepted at the last BOS meeting. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
5. Emergency Management/Tank Purchase Estimate
There was discussion regarding the current 1000 gallon fuel tank and the fact that if the Town has a serious emergency, there would not be enough fuel. The question at this point is does the Town purchase it this year or next year. Selectman Dudek noted he would be in favor of approving it and letting the Board of Finance decide when to purchase it. The following 3 bids were received – Tesco $10,495; White Welding $11,850; $Superior Fuel $11,565.45. Motion by Dudek, second by Sipples, to accept the Tesco bid for the 2000 gallon fuel tank at $10,495. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried. Motion by Klein, second by Dudek, to authorize the First Selectman to go to the Board of Finance to ask for an appropriation of $10,495 to purchase the fuel tank. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
6. Purchase Order/All Committees
Selectman Sipples noted First Selectman Klein appointed an ad hoc committee to look into the Purchase Order Policy and he thought he should have been the Board of Selectmen. The BOS were never given an opportunity to ask questions about the policy; such as the amount and pre-approval by the First Selectman. First Selectman Klein noted he is trying to have accountability and a Purchase Order Policy is the way to do it. There was discussion about how the policy should work. Walter Adametz felt that $500 was too low and suggested $1500. Arlene Tunney noted the Board of Finance disagreed with parts of the policy and sent a letter to the First Selectman. Mr. Klein noted he did not get the letter. Ms. Tunney noted the Board of Finance felt there should be a recourse for any department to go to the Board of Selectmen if denied by the First Selectman.
There was discussion regarding getting pricing for the Town Hall boiler. Ms. Tunney suggested the Town get a mechanical engineer to write a specification for the boiler.
Selectman Dudek asked for a copy of the Board of Finance letter and noted this item needs to be examined further.
7. Executive Session – Walter Adametz, Jr. – Discussion Re Interim Public Works Foreman
Motion by Dudek, second by Klein, to go into Executive Session at 9:36 PM. SO VOTED. Motion by Dudek, second by Sipples, to come out of Executive Session at 10:16 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
8. Adjournment
Motion by Dudek, second by Sipples, to adjourn at 10:17 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
The Killingworth Board of Selectmen held a special meeting on Wednesday, August 9, 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. First Selectman Klein called the meeting to order at
7:00 PM.
2. Visitors
Walter Adametz, Jr. – Public Works – was present. He indicated he would like to hire a replacement employee for the vacant position on the Town Crew. This position (driver/operator) has been vacant since November 11, 2005 and the salary is included in the current budget along with the raise. First Selectman Klein noted he didn’t think filling this position at this time was justified as the cutting of grass was almost done. He indicated he would like to look into eliminating the compactor which costs upwards of $300,000 a year. Mr. Klein stated only 40 percent of the townspeople use the compactor. It was noted the Ahearn administration had previously looked into this. Mr. Klein stated the PAYT Committee is talking about compacting cardboard and a special person will be needed for that in addition to the 4 employees that already work the compactor site. Klein suggested having a committee look into subbing this out and come back with recommendations. Selectman Dudek noted this was researched in 2004 and the numbers weren’t cost effective. Klein stated he thought this should be revisited. There have been several breakdowns and repair bills. Selectman Sipples noted the money is in the budget for replacement of that person and asked First Selectman Klein why that person had not been replaced, especially since things have been backed up. Klein indicated they have been working through the backed up items and if you hire another person, they will be on staff forever. It is all how you plan your work and you put your people in place. Dudek noted that just because the money is there is not a reason to hire someone. It was noted none of the transfer station employees are qualified to be driver/operators. Mr. Adametz reviewed the lack of highway department employees. Summer is the only time highway employees are allowed to take vacation and this creates a problem. Dudek asked if the contract states highway employees cannot take winter vacations. Adametz replied yes. First Selectman Klein stated it was his position there is enough staff and no more is required. He felt as much as possible should be subcontracted out. Mr. Adametz noted that if that is the position of this Board then the salary should have been withdrawn from the budget and the people not taxed on it. Jere Adametz asked if employees are hired to do specific jobs. Klein indicated job descriptions are in the process of being updated. In the past everyone does whatever is asked of them; there was no jurisdictional dispute.
Arlene Tunney asked what the policy was with curb repair. W. Adametz noted they have a list and they do it when they get to it.
Walter Adametz noted that since this administration took over the highway department has been singled out and made a whipping boy and micromanaged. There have been 104 complaints in the last six months. He further noted there was an extensive road maintenance program previously and it has been thrown out the window. He reviewed funds that had been taken out of the budget and then put back in by Board of Finance. If this is going to continue the roads will start to go backwards and the Town will be in deep trouble. Road sweeping and roadside mowing has been eliminated. Dudek noted this had been discussed at a previous meeting (at which Sipples was not present) and the reason for it was because the road crew was going to be tied in 2 other projects – Alders Bridge and Green Hill. Road sweeping was going to be done as needed. Dudek noted the First Selectman is Director of Public Works by Charter. Sipples agreed but noted the Director of Public Works is supposed to come to the Board of Selectmen.
Jere Adametz noted the Town Attorney indicated the Town is responsible if something happens on a Town road. The road east of Chittenden Road is terrible condition and should be maintained in the event of an emergency. Walter Adametz noted he was instructed to not do anything with gravel roads unless told to do so. W. Adametz reviewed Beckwith Road and North Chestnut Hill Road.
Dudek asked if there was a list of the normal plan for road maintenance. W. Adametz replied yes. Klein asked why this wasn’t presented to him when he first took office. W. Adametz replied that he was never asked for it. Adametz reiterated they have never gotten this many complaints.
W. Adametz noted it was his job to bring all this to the attention of the Board of Selectmen. Section 7-3 of the Charter was referenced as the First Selectman being the Director of Public Works.
Walter Adametz noted a fingerprint time clock was installed in March; the highway department being the only department having such a clock. The clock doesn’t work half the time and the service technician has been on site to reset it several times. This item was supposed to be a time saving thing, but we still hand write the time sheets. The time clock has been down for weeks at a time.
Walter Adametz noted the cleaning service at the town garage was eliminated on 1/6/06, but wasn’t eliminated anywhere else. He indicated as of 12/30/05 he couldn’t take the truck home anymore for emergency calls. It takes longer to respond to emergencies and therefore costs the town more money.
Walter Adametz noted the heat was turned off in the dog pound and the pipes froze and broke and money was spent for these repairs. He also noted the heat was turned down in the Town Hall and pipes froze and broke in that building.
Mike Board noted the fingerprint time clock was a capital expenditure and it should have been on the Agenda. No one person on this Board has the authority to do a capital expenditure and that was a misappropriation of funds and against the State Statutes. He noted the guard rails was over $5000 and should have gone out to bid. That was a direct violation of the bidding process. Mr. Board asked Mr. Klein why he doesn’t pay attention to the Town regulations and Town law.
Dudek noted he brought up the issue of the guard rails and road salt going out to bid and was told that would happen. It was noted that never came back to the Board of Selectmen.
Mike Board noted the time clock never came to the Boards of Selectmen or Finance and was illegal. He stated it was appalling that a citizen has to tell the Board of Selectmen they are breaking the law. This is not a one man show in Killingworth.
Arlene Tunney noted the fingerprint machine was never brought before the Board of Selectmen and the jersey barriers were over $5000. It was noted after the fact this was going to a grant writer for funds and then the grant writer was taken out of the budget.
Rick Albrecht noted this was a special meeting and things were deviating from the agenda.
3. Review of Charter
Page 9 – there was discussion regarding the appointment of Planning & Zoning Alternates. Rick Albrecht noted the Charter was silent about this in the past. He indicated it was the opinion of the Charter Revision Committee that the Board of Selectmen appoint P&Z alternates. Discussion followed about alternates being required to attend every meeting and whether or not that was necessary.
Page 11 – there was discussion regarding the fact that P&Z alternates should be called on a rotating basis. It was noted that in previous administrations, that was not the case. Jere Adametz noted alternates should be present at every meeting in the event they are required when a vote has to be taken and a regular member may be absent. This way the alternate is knowledgeable on what has transpired during the application process and can vote intelligently on the matter.
Page 26 – with regard to the Assessor, it was suggested the first paragraph be changed to say “just cause”. First Selectman Klein noted “just cause” should be spelled out.
Page 30 – Bidding Procedures - $5000 was changed to $10,000. Selectman Sipples noted there was a 1992 “…Competitive Bidding of Contracts…” in force and that procedure should be adopted using $5000 to $9999 as an amount. It was further noted this procedure exists today and the Town does not adhere to it. Mr. Albrecht noted the other procedure was not part of the Charter but a Town law. Mike Board noted this procedure was approved by the Boards of Selectmen and Finance in 1992 and became Town law using the figure between $2500 and $5000, and that law has never been superseded.
Selectman Dudek noted he had requested the Charter Revision Committee to review the subject of having a Public Works Commission specifically because the Board of Selectmen can’t possibly know what goes on on a daily basis at the highway department. A Public Works Commission should consist of experienced people knowledgeable in road repair. Dudek noted he was disappointed this was not in the proposed revisions to the Charter. Rick Albrecht stated he thought this was being addressed by the Board of Selectmen. There was discussion as to whether a Town Engineer could act as a Public Works Commissioner. Jim McDonald noted he didn’t think the Charter Revision Committee had the knowledge to structure such a Commission. First Selectman Klein noted he would like to use the members of the Reservoir Road Bridge Committee to do this when that Committee is done with the bridge project. Phil Stull noted he remembered Selectman Dudek recommending a Public Works Commission. He supports that idea and indicated it would be a mistake to let it go by.
There was discussion about timing to have the Charter revisions on the November ballot this year. Selectman Dudek noted he wanted these changes well thought out and the process not rushed through.
Mike Board noted more specifics need to be in the Charter about guidelines governing the Selectmen. There is currently no way to deal with someone not doing their job. There needs to be an employment policy specifically spelling out guidelines and minimum hours for the First Selectman.
Motion by Dudek, second by Klein, that the Charter Revision Committee re-examine the following 3 items –
1. Bidding process adopted in 1992 which is a part of the record tonight,
2. A re-request for the Public Works Commission based on discussion tonight,
3. An employment policy for the Board of Selectmen which includes the First
Selectman and the other two Selectmen.
Discussion followed. Motion was amended as follows –
Motion by Dudek, second by Sipples, to amend the above motion by adding Item 4. as follows –
4. To re-examine the appointment of Alternates to the Planning & Zoning Commission.
VOTE ON AMENDMENT – Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
VOTE ON ORIGINAL MOTION – Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
4. Authorization of Town Meeting – Property Conveyance Green Hill Road & Route 81
Motion by Dudek, second by Sipples, to authorize the Board of Selectmen to call a Town Meeting to accept the Bellard property at Route 81 as accepted at the last BOS meeting. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
5. Emergency Management/Tank Purchase Estimate
There was discussion regarding the current 1000 gallon fuel tank and the fact that if the Town has a serious emergency, there would not be enough fuel. The question at this point is does the Town purchase it this year or next year. Selectman Dudek noted he would be in favor of approving it and letting the Board of Finance decide when to purchase it. The following 3 bids were received – Tesco $10,495; White Welding $11,850; $Superior Fuel $11,565.45. Motion by Dudek, second by Sipples, to accept the Tesco bid for the 2000 gallon fuel tank at $10,495. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried. Motion by Klein, second by Dudek, to authorize the First Selectman to go to the Board of Finance to ask for an appropriation of $10,495 to purchase the fuel tank. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
6. Purchase Order/All Committees
Selectman Sipples noted First Selectman Klein appointed an ad hoc committee to look into the Purchase Order Policy and he thought he should have been the Board of Selectmen. The BOS were never given an opportunity to ask questions about the policy; such as the amount and pre-approval by the First Selectman. First Selectman Klein noted he is trying to have accountability and a Purchase Order Policy is the way to do it. There was discussion about how the policy should work. Walter Adametz felt that $500 was too low and suggested $1500. Arlene Tunney noted the Board of Finance disagreed with parts of the policy and sent a letter to the First Selectman. Mr. Klein noted he did not get the letter. Ms. Tunney noted the Board of Finance felt there should be a recourse for any department to go to the Board of Selectmen if denied by the First Selectman.
There was discussion regarding getting pricing for the Town Hall boiler. Ms. Tunney suggested the Town get a mechanical engineer to write a specification for the boiler.
Selectman Dudek asked for a copy of the Board of Finance letter and noted this item needs to be examined further.
7. Executive Session – Walter Adametz, Jr. – Discussion Re Interim Public Works Foreman
Motion by Dudek, second by Klein, to go into Executive Session at 9:36 PM. SO VOTED. Motion by Dudek, second by Sipples, to come out of Executive Session at 10:16 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
8. Adjournment
Motion by Dudek, second by Sipples, to adjourn at 10:17 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
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