October 23, 2006 - REGULAR
1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, October 23, 2006, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were Selectman Edward Sipples and Selectman Fred Dudek. First Selectman Martin Klein was present at various times throughout the meeting. Selectman Sipples called the meeting to order at 7:00 PM.
The Pledge of Allegiance was recited.
2. Approval of Minutes
Motion by Dudek, second by Sipples, to correct the date of the “October 10, 2006 Record of the Vote” to “October 3, 2006 Record of the Vote”. Voting in favor – Dudek, Sipples. Opposed – none, Motion Carried.
Motion by Dudek, second by Sipples, to approve the October 3, 2006 Minutes as written. Voting in favor – Dudek, Sipples. Opposed – none. Motion Carried.
The October 10, 2006 Minutes were tabled until the next meeting as First Selectman Klein was not present at this time.
3. Visitors
It was noted Jim Ward was not present.
Jim Thomsen was present and asked about the status of the Athletic Fields. It was noted the Board of Selectmen recently authorized the First Selectman to sign the Agreement with the State of Connecticut for the $500,000 STEAP Grant. First Selectman Klein is pursuing this matter. The funds from the STEAP Grant were changed from the Transfer Station to the Wettish Property project. The Bethke Field is just about complete and will be used next spring. An outside landscaping firm has been hired to do some clean up work. Lou Annino asked if the Town Centre Plan had to go back to Town Meeting to be defunct. It was agreed this will have to go back to Town Meeting. The Park & Recreation Commission has to pick an engineering firm, but they are not ready to discuss that yet. Those dollars can come out of the STEAP Grant funds.
Jere Adametz noted it was his understanding the State has already approved the transfer of the STEAP funds. It was noted the Agreement will be signed after approved at a Town Meeting. Mr. Adametz noted the townspeople should have been asked before if they wanted those funds to be transferred to another project.
Jim Thomsen asked for a status update on Lover’s Lane. Selectman Dudek noted the former Board of Selectmen voted to go ahead with the Town Engineer’s plan for a 100 year event. During the permitting process with Inland Wetlands, First Selectman Klein pulled that application and that is when all the controversy started. Two months ago the Inland Wetlands Commission was before this Board indicating they had a problem with that plan. Selectman Sipples noted Inland Wetlands has contacted people from the Environmental Review Team and they are currently conducting an environmental impact study. The Town Engineer has been contacted and asked to come back with a permanent solution for Lover’s Lane. Selectman Dudek noted the Town Crew has been attempting to keep the pipes clean.
Michael Board submitted two documents, one relative to the Charter and the other one questions deserving a written legal opinion from the Town Attorney. He asked if the Town Charter (Exhibit A) was to be considered the law of the Town. Exhibits B1 and B2 were created in 1992 having to do with competitive bidding of contracts and was approved by the Board of Selectmen on January 13, 1992 and by the Board of Finance on February 11, 1992. Selectman Dudek noted this was not an Ordinance, but a regulation of the Town. Exhibit C referred to Section 9-5(f) Bidding Procedures of the Town Charter. Mr. Board reviewed each of the 3 questions he was asking to be answered by the Town Attorney. Mr. Board noted all three selectmen have a fiduciary responsibility to the Town of Killingworth to safeguard town funds. When budgets are created, the Board of Selectmen is expected to follow those budgets and bidding procedures. He urged the Board to take a vote to send these questions to the Town Attorney for a written legal opinion.
Scott Kasper (Affordable Housing) was present. He noted he would like to make sure this Board is prepared to address the calculations for affordable housing in view of the upcoming revals. Mr. Kasper noted he spent 8 months straightening this out last year. It was noted John Amport and Michael Board are working on the affordable housing process. The regulations have not been updated since March of 1994. It was noted the median income for New Haven County should be used. The last time the median income for Middlesex County was used and that is considerably higher. Mr. Board invited Mr. Kasper to the next meeting of the Affordable Housing Committee. Selectman Sipples suggested putting Affordable Housing on the next Board of Selectmen Agenda.
4. Tax Abatements & Refunds – none.
5. Appointments/Vacancies
Selectman Sipples noted Doug Stevenson resigned from the Board of Education. There is a Board of Ed policy that must be followed for filling vacancies. This must be a Town Meeting vote and not a Board of Selectmen vote.
Selectman Sipples noted Virginia Wohlstrom resigned as Justice of Peace.
6. Old Business
1. Town Hall Computer System Bid
It was noted First Selectman Klein and Selectman Sipples attended a Board of Finance meeting to request an appropriation for the Town Hall Computer Bid. Selectman Dudek noted he was contacted by Board of Finance Chair John McMahon. Mr. Dudek forwarded all the information on to Mr. McMahon. The intent was to ask for the maximum amount but the BOF advised that they have appointed a liaison to review this matter. Gwenne Lally is the liaison and wants to meet with the BOS once she has reviewed the information. Mr. Dudek noted the quotes are being held open beyond the 90 days. He stated he was surprised that they appointed a liaison instead of approving the funds. First Selectman Klein asked if it would be better to just wait and incorporate this into the new budget for next year. Selectman Sipples noted there have been some back up problems in the last 30 days where only 3 days actually got backed up. He did not think it was an acceptable risk to wait until the next budget year. Selectman Dudek noted he requested the BOF to take some action on the request for funds for the bids, or at the very least give some feedback. The question arises “do we fund the full amount for a year or just a half year?” First Selectman Klein noted every time there is a problem it costs the town $1000.
2. Traffic Study Committee
It was noted there is a Traffic Study Committee on October 26, 2006 at the Fire House at 7:00 PM. First Selectman Klein will try to attend and if not, will let Selectman Sipples know. It was noted a request is being made for $362.50 for clerical support and office supplies. Selectman Dudek noted there is a line item called “Commission Support” where these dollars can be taken from. (After checking his schedule, First Selectman Klein noted he would be able to attend the October 26th meeting of the Traffic Study Committee.)
3. Discussion Regarding Compensation for Employees Named as “Acting” Managers
It was noted the situation covering the “Acting Town Foreman” has been taken care of, but in the process, the question arose as to other Town Office Employees who might fall under that same situation. Should there be a policy to address this issue? First Selectman Klein noted he thought this should be done on a case by case basis rather than establishing a policy. Various offices were reviewed where this might come up. It was felt that somewhere in the Union Contract there should be a “step up clause” both for the protection of the Town as well as the employee. First Selectman Klein noted the KMEA Contract will be renegotiated in January and this can be dealt with at that time.
7. New Business
1. Sand/Winter Program – J. Ward
It was noted the sand bids will be received up until November 9, 2006 at 3:00 PM and will be opened at the next Board of Selectmen Meeting on November 13th. Selectman Dudek noted the bid document does not specify “red sand.” Walter Adametz noted the Town has the right to reject any and all bids. There are no written specifications for red sand. All the towns are using the red sand. Selectman Dudek noted he is not totally comfortable with this. He asked if somebody who doesn’t have red sand by disqualified from bidding, and if so, that is not fair.
Motion by Dudek, second by Sipples, to bring up under New Business, Alders Bridge Road. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
It was agreed Alders Bridge Road should be put on the November 13, 2006 Agenda. The prior motion must be rescinded and a new motion approved once the proper documentation is received.
Motion by Sipples, second by Dudek, to include on the Agenda discussion of M. Board’s 3 questions requesting legal opinion. Voting in favor – Sipples, Dudek, Klein. Opposed – none. Motion Carried.
Selectman Sipples noted he would like a formal response as to whether the Town Charter is a guideline or the law and must be followed. Selectman Dudek stated he would be in agreement to get an answer from the Town Attorney to all 3 of Mr. Board’s questions.
Motion by Sipples, second by Dudek, that the Town get a legal written opinion regarding Mr. Board’s 3 questions. Voting in favor – Sipples, Dudek, Klein. Opposed – none. Motion Carried.
8. MK Announcements
First Selectman Klein noted there was a problem with the water pump and that was replaced. However, due to the fact there is a puddle in the driveway, it is felt there may be a leak.
First Selectman Klein noted the Town Hall needs a new oil burner and that will be in next year’s budget. The oil burner will be cleaned this week and hopefully it will make it through another winter.
First Selectman Klein noted the Town also needs a new Town Hall. Everyone is on top of each other. There are privacy issues with the Probate Office. Something needs to be done with deliberate speed. Mr. Klein asked Gina to contact other towns of comparable size to see how they have handled this situation.
First Selectman Klein noted he is in the process of negotiating with the school regarding payment of fees.
First Selectman Klein noted the auditor is looking at pension investments to see if they are producing that they should be producing. The Firemen’s Pension is still being reviewed. That is a long drawn out process. Wayne Sheehan is working on that.
First Selectman Klein noted he received a call from the library regarding issues with that building. It is a poor design and a lot of the boards are rotting and must be replaced. Selectman Dudek noted there was a lot of discussion with the former Board of Selectmen regarding gutters.
There was discussion regarding the Bosco and Wettish properties and the fact there is no one living on these properties and this is a tremendous liability. Mr. Klein contacted the new Fire Chief to see if he would like the outbuildings on the Bosco property for practice. Both Selectmen Sipples and Dudek noted they would have a problem with destroying the red barn on the Bosco property. It was suggested if that barn was resided, perhaps it could be used for off season storage for the Public Works Department. Walter Adametz noted that building was built for animals and it doesn’t have the physical size and room for storage. Selectman Sipples noted he would like to bring this back to the Board of Selectmen for discussion before any action is taken relative to this matter.
9. Selectmen’s Concerns
There was a brief discussion regarding the newly established Town Office Building Study Committee. It was noted in order to sit on any town committee or commission one must be a resident of the town.
Selectman Dudek noted he did not have any concerns.
Selectman Sipples noted he was concerned because he felt the Board misacted with regard to the Sludge Lagoon testing. This should have gone out to bid. First Selectman Klein explained that Brian Curtis from Jacobson & Associates handled this and there are only two companies in the State that do this testing. There appeared to be some confusion as to when this testing was going to be done. Selectman Dudek noted he thought the testing was going to be done next year. First Selectman Klein noted he changed his mind because of the expense and wanted to get the testing done right away. The bids can then go out for the remainder of the work and that can get started next year. There was discussion regarding the dewatering. Ms. Dudek has now allowed the Town to do dewatering. Selectman Dudek noted he asked for a letter from Jacobson & Associates confirming that the testing had gone out to bid. Mr. Klein noted he has a letter from Mr. Curtis stating there are only 2 companies that do this. Selectman Dudek stated that if Mr. Klein can produce that letter, he has no issues with this matter.
Mr. & Mrs. Sanperry, 154 Schnoor Road, were present. They noted they were new residents in town and liked the open dialogue at this meeting. The process for approving the $11,000 for the sludge lagoon testing was reviewed. Selectman Dudek reviewed the issue with the Town Hall and that the Pharmedica Building was looked at some time ago but it was not recommended due to extensive code revisions that would need to be done if it becomes a public building. There was a brief discussion regarding the pipes in the Town Office Building, the prior storage of salt which has rendered the drinking water not potable and whether or not the pipes froze and there is a leak somewhere in the parking lot.
Selectman Sipples noted it was his understanding there are 3 road projects occurring simultaneously next spring at the Circle and south of the Circle. The meeting held last Monday by the State to review the Circle project was discussed. There was discussion regarding projects at Green Hill Road/Route 81, Burr Hill Road and Pond Meadow Road. Mr. Klein also noted the State has been looking at the River Road Bridge where the abutments are deteriorating. Selectman Sipples asked if it is a good idea to have all 3 of these projects at the Circle and south of the Circle going on at the same time.
It was noted the hydraulic information relative to the Reservoir Road Bridge project has been received and forwarded on to Cardinal Engineering.
10. Adjournment
Motion by Dudek, second by Klein, to adjourn at 8:55 PM. Voting in favor – Dudek, Klein, Sipples. Opposed – none. Motion Carried.
The Killingworth Board of Selectmen held its regular meeting on Monday, October 23, 2006, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were Selectman Edward Sipples and Selectman Fred Dudek. First Selectman Martin Klein was present at various times throughout the meeting. Selectman Sipples called the meeting to order at 7:00 PM.
The Pledge of Allegiance was recited.
2. Approval of Minutes
Motion by Dudek, second by Sipples, to correct the date of the “October 10, 2006 Record of the Vote” to “October 3, 2006 Record of the Vote”. Voting in favor – Dudek, Sipples. Opposed – none, Motion Carried.
Motion by Dudek, second by Sipples, to approve the October 3, 2006 Minutes as written. Voting in favor – Dudek, Sipples. Opposed – none. Motion Carried.
The October 10, 2006 Minutes were tabled until the next meeting as First Selectman Klein was not present at this time.
3. Visitors
It was noted Jim Ward was not present.
Jim Thomsen was present and asked about the status of the Athletic Fields. It was noted the Board of Selectmen recently authorized the First Selectman to sign the Agreement with the State of Connecticut for the $500,000 STEAP Grant. First Selectman Klein is pursuing this matter. The funds from the STEAP Grant were changed from the Transfer Station to the Wettish Property project. The Bethke Field is just about complete and will be used next spring. An outside landscaping firm has been hired to do some clean up work. Lou Annino asked if the Town Centre Plan had to go back to Town Meeting to be defunct. It was agreed this will have to go back to Town Meeting. The Park & Recreation Commission has to pick an engineering firm, but they are not ready to discuss that yet. Those dollars can come out of the STEAP Grant funds.
Jere Adametz noted it was his understanding the State has already approved the transfer of the STEAP funds. It was noted the Agreement will be signed after approved at a Town Meeting. Mr. Adametz noted the townspeople should have been asked before if they wanted those funds to be transferred to another project.
Jim Thomsen asked for a status update on Lover’s Lane. Selectman Dudek noted the former Board of Selectmen voted to go ahead with the Town Engineer’s plan for a 100 year event. During the permitting process with Inland Wetlands, First Selectman Klein pulled that application and that is when all the controversy started. Two months ago the Inland Wetlands Commission was before this Board indicating they had a problem with that plan. Selectman Sipples noted Inland Wetlands has contacted people from the Environmental Review Team and they are currently conducting an environmental impact study. The Town Engineer has been contacted and asked to come back with a permanent solution for Lover’s Lane. Selectman Dudek noted the Town Crew has been attempting to keep the pipes clean.
Michael Board submitted two documents, one relative to the Charter and the other one questions deserving a written legal opinion from the Town Attorney. He asked if the Town Charter (Exhibit A) was to be considered the law of the Town. Exhibits B1 and B2 were created in 1992 having to do with competitive bidding of contracts and was approved by the Board of Selectmen on January 13, 1992 and by the Board of Finance on February 11, 1992. Selectman Dudek noted this was not an Ordinance, but a regulation of the Town. Exhibit C referred to Section 9-5(f) Bidding Procedures of the Town Charter. Mr. Board reviewed each of the 3 questions he was asking to be answered by the Town Attorney. Mr. Board noted all three selectmen have a fiduciary responsibility to the Town of Killingworth to safeguard town funds. When budgets are created, the Board of Selectmen is expected to follow those budgets and bidding procedures. He urged the Board to take a vote to send these questions to the Town Attorney for a written legal opinion.
Scott Kasper (Affordable Housing) was present. He noted he would like to make sure this Board is prepared to address the calculations for affordable housing in view of the upcoming revals. Mr. Kasper noted he spent 8 months straightening this out last year. It was noted John Amport and Michael Board are working on the affordable housing process. The regulations have not been updated since March of 1994. It was noted the median income for New Haven County should be used. The last time the median income for Middlesex County was used and that is considerably higher. Mr. Board invited Mr. Kasper to the next meeting of the Affordable Housing Committee. Selectman Sipples suggested putting Affordable Housing on the next Board of Selectmen Agenda.
4. Tax Abatements & Refunds – none.
5. Appointments/Vacancies
Selectman Sipples noted Doug Stevenson resigned from the Board of Education. There is a Board of Ed policy that must be followed for filling vacancies. This must be a Town Meeting vote and not a Board of Selectmen vote.
Selectman Sipples noted Virginia Wohlstrom resigned as Justice of Peace.
6. Old Business
1. Town Hall Computer System Bid
It was noted First Selectman Klein and Selectman Sipples attended a Board of Finance meeting to request an appropriation for the Town Hall Computer Bid. Selectman Dudek noted he was contacted by Board of Finance Chair John McMahon. Mr. Dudek forwarded all the information on to Mr. McMahon. The intent was to ask for the maximum amount but the BOF advised that they have appointed a liaison to review this matter. Gwenne Lally is the liaison and wants to meet with the BOS once she has reviewed the information. Mr. Dudek noted the quotes are being held open beyond the 90 days. He stated he was surprised that they appointed a liaison instead of approving the funds. First Selectman Klein asked if it would be better to just wait and incorporate this into the new budget for next year. Selectman Sipples noted there have been some back up problems in the last 30 days where only 3 days actually got backed up. He did not think it was an acceptable risk to wait until the next budget year. Selectman Dudek noted he requested the BOF to take some action on the request for funds for the bids, or at the very least give some feedback. The question arises “do we fund the full amount for a year or just a half year?” First Selectman Klein noted every time there is a problem it costs the town $1000.
2. Traffic Study Committee
It was noted there is a Traffic Study Committee on October 26, 2006 at the Fire House at 7:00 PM. First Selectman Klein will try to attend and if not, will let Selectman Sipples know. It was noted a request is being made for $362.50 for clerical support and office supplies. Selectman Dudek noted there is a line item called “Commission Support” where these dollars can be taken from. (After checking his schedule, First Selectman Klein noted he would be able to attend the October 26th meeting of the Traffic Study Committee.)
3. Discussion Regarding Compensation for Employees Named as “Acting” Managers
It was noted the situation covering the “Acting Town Foreman” has been taken care of, but in the process, the question arose as to other Town Office Employees who might fall under that same situation. Should there be a policy to address this issue? First Selectman Klein noted he thought this should be done on a case by case basis rather than establishing a policy. Various offices were reviewed where this might come up. It was felt that somewhere in the Union Contract there should be a “step up clause” both for the protection of the Town as well as the employee. First Selectman Klein noted the KMEA Contract will be renegotiated in January and this can be dealt with at that time.
7. New Business
1. Sand/Winter Program – J. Ward
It was noted the sand bids will be received up until November 9, 2006 at 3:00 PM and will be opened at the next Board of Selectmen Meeting on November 13th. Selectman Dudek noted the bid document does not specify “red sand.” Walter Adametz noted the Town has the right to reject any and all bids. There are no written specifications for red sand. All the towns are using the red sand. Selectman Dudek noted he is not totally comfortable with this. He asked if somebody who doesn’t have red sand by disqualified from bidding, and if so, that is not fair.
Motion by Dudek, second by Sipples, to bring up under New Business, Alders Bridge Road. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
It was agreed Alders Bridge Road should be put on the November 13, 2006 Agenda. The prior motion must be rescinded and a new motion approved once the proper documentation is received.
Motion by Sipples, second by Dudek, to include on the Agenda discussion of M. Board’s 3 questions requesting legal opinion. Voting in favor – Sipples, Dudek, Klein. Opposed – none. Motion Carried.
Selectman Sipples noted he would like a formal response as to whether the Town Charter is a guideline or the law and must be followed. Selectman Dudek stated he would be in agreement to get an answer from the Town Attorney to all 3 of Mr. Board’s questions.
Motion by Sipples, second by Dudek, that the Town get a legal written opinion regarding Mr. Board’s 3 questions. Voting in favor – Sipples, Dudek, Klein. Opposed – none. Motion Carried.
8. MK Announcements
First Selectman Klein noted there was a problem with the water pump and that was replaced. However, due to the fact there is a puddle in the driveway, it is felt there may be a leak.
First Selectman Klein noted the Town Hall needs a new oil burner and that will be in next year’s budget. The oil burner will be cleaned this week and hopefully it will make it through another winter.
First Selectman Klein noted the Town also needs a new Town Hall. Everyone is on top of each other. There are privacy issues with the Probate Office. Something needs to be done with deliberate speed. Mr. Klein asked Gina to contact other towns of comparable size to see how they have handled this situation.
First Selectman Klein noted he is in the process of negotiating with the school regarding payment of fees.
First Selectman Klein noted the auditor is looking at pension investments to see if they are producing that they should be producing. The Firemen’s Pension is still being reviewed. That is a long drawn out process. Wayne Sheehan is working on that.
First Selectman Klein noted he received a call from the library regarding issues with that building. It is a poor design and a lot of the boards are rotting and must be replaced. Selectman Dudek noted there was a lot of discussion with the former Board of Selectmen regarding gutters.
There was discussion regarding the Bosco and Wettish properties and the fact there is no one living on these properties and this is a tremendous liability. Mr. Klein contacted the new Fire Chief to see if he would like the outbuildings on the Bosco property for practice. Both Selectmen Sipples and Dudek noted they would have a problem with destroying the red barn on the Bosco property. It was suggested if that barn was resided, perhaps it could be used for off season storage for the Public Works Department. Walter Adametz noted that building was built for animals and it doesn’t have the physical size and room for storage. Selectman Sipples noted he would like to bring this back to the Board of Selectmen for discussion before any action is taken relative to this matter.
9. Selectmen’s Concerns
There was a brief discussion regarding the newly established Town Office Building Study Committee. It was noted in order to sit on any town committee or commission one must be a resident of the town.
Selectman Dudek noted he did not have any concerns.
Selectman Sipples noted he was concerned because he felt the Board misacted with regard to the Sludge Lagoon testing. This should have gone out to bid. First Selectman Klein explained that Brian Curtis from Jacobson & Associates handled this and there are only two companies in the State that do this testing. There appeared to be some confusion as to when this testing was going to be done. Selectman Dudek noted he thought the testing was going to be done next year. First Selectman Klein noted he changed his mind because of the expense and wanted to get the testing done right away. The bids can then go out for the remainder of the work and that can get started next year. There was discussion regarding the dewatering. Ms. Dudek has now allowed the Town to do dewatering. Selectman Dudek noted he asked for a letter from Jacobson & Associates confirming that the testing had gone out to bid. Mr. Klein noted he has a letter from Mr. Curtis stating there are only 2 companies that do this. Selectman Dudek stated that if Mr. Klein can produce that letter, he has no issues with this matter.
Mr. & Mrs. Sanperry, 154 Schnoor Road, were present. They noted they were new residents in town and liked the open dialogue at this meeting. The process for approving the $11,000 for the sludge lagoon testing was reviewed. Selectman Dudek reviewed the issue with the Town Hall and that the Pharmedica Building was looked at some time ago but it was not recommended due to extensive code revisions that would need to be done if it becomes a public building. There was a brief discussion regarding the pipes in the Town Office Building, the prior storage of salt which has rendered the drinking water not potable and whether or not the pipes froze and there is a leak somewhere in the parking lot.
Selectman Sipples noted it was his understanding there are 3 road projects occurring simultaneously next spring at the Circle and south of the Circle. The meeting held last Monday by the State to review the Circle project was discussed. There was discussion regarding projects at Green Hill Road/Route 81, Burr Hill Road and Pond Meadow Road. Mr. Klein also noted the State has been looking at the River Road Bridge where the abutments are deteriorating. Selectman Sipples asked if it is a good idea to have all 3 of these projects at the Circle and south of the Circle going on at the same time.
It was noted the hydraulic information relative to the Reservoir Road Bridge project has been received and forwarded on to Cardinal Engineering.
10. Adjournment
Motion by Dudek, second by Klein, to adjourn at 8:55 PM. Voting in favor – Dudek, Klein, Sipples. Opposed – none. Motion Carried.
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