11.13.2006

November 13, 2006 - REGULAR

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, November 13, 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. Approval of Minutes – October 10, 2006 and October 23, 2006
Motion by Klein, second by Sipples, to approve October 10, 2006 Minutes amending those Minutes by attaching a copy of Michael Board’s document (attached) that he had submitted at that meeting. Voting in favor – Klein, Sipples. Opposed – none. Abstained – Dudek. Motion Carried.

Motion by Sipples, second by Klein, to approve October 23, 2006 Minutes as submitted. Discussion followed. First Selectman Klein noted the Town Engineer has been contacted with regard to Lover’s Lane and there was a verbal reply that there is no sense in doing anything until the Environmental Review Team report is completed. Voting in favor – Sipples, Klein, Dudek. Opposed – none. Motion Carried.

3. Visitors
Lou DesJardins was present. Mr. DesJardins asked that the hours for the transfer station be changed on Tuesday and Thursday to 2:00 to 7:00 PM as there aren’t many cars coming in. First Selectman Klein agreed with Mr. DesJardins. There seemed to be some confusion as to the number of cars being reported going to the Transfer Station on Tuesdays and Thursdays. The PAYT Committee had previously indicated there were 20 to 30 cars between 7-8:00 PM. Ms. Perry noted she has a serious concern about changing the hours. First Selectman Klein noted he also has a concern about it being dark and dangerous at this time of year. There are no lights to illuminate the area. Klein felt that extra hour was not necessary and people would get accustomed to coming earlier. Selectman Sipples suggested the PAYT Committee meet again and come back with a unified statement (Perry and Venuti, both PAYT Committee members, had different opinions). Selectman Sipples noted he would entertain changing the hours for the winter months. Selectman Dudek noted he had a concern about Saturdays and until there is a better case to do so, he would like to see the hours stand as they are currently. The original concern was the overloading of bins on Saturdays.

4. Tax Abatements & Refunds
Motion by Sipples, second by Dudek, to approve Tax Refunds totaling $540.32 as noted on the attached sheet. Voting in favor – Sipples, Dudek, Klein. Opposed – none. Motion Carried.

5. Appointments & Vacancies – none.

6. Old Business
1. Rescind Previous Alder’s Bridge Road Motion and Approve Revised Motion to Discontinue Portion of Alder’s Bridge Road
It was noted any previous motions for the discontinuance of Alder’s Bridge Road should be rescinded and a new motion approved which the Board of Selectmen will take to Town Meeting. Selectman Dudek noted the Call of the Town Meeting could not be approved with the Alder’s Bridge Road item on it as this had not gone before the Planning & Zoning Commission for a Section 8-24 referral. Selectman Sipples agreed with Selectman Dudek.

Motion by Dudek, second by Sipples, to rescind any previous resolutions on Alder’s Bridge Road for its discontinuance due to the realignment (copy attached). Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.

Motion by Dudek, second by Sipples, to approve new resolution for Alder’s Bridge Road for the discontinuance due to the realignment (copy attached). Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.

This should go before Planning & Zoning at their next meeting scheduled for November 21st.

2. Approval of Town Meeting, November 28, 2006
Motion by Dudek, second by Sipples, to approve the Call of the Town Meeting for November 28, 2006, as noted below –
1. To elect member to serve on Region #17 Board of Education,
2. Open Space Agreement for Wettish Property, and
3. Park & Recreation Ordinance
Discussion followed. There was a very brief review of each of those items. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.

3. CCM – Electricity Procurement
First Selectman Klein noted he needs authorization from the Board of Selectmen to execute a contract in December for electricity procurement. The opportunity was available in August to sign an agreement, but First Selectman Klein noted he did not do so. The next available opportunity will be in December. The Town is currently paying 21 cents per kilowatt hour. Motion by Dudek, second by Sipples, to authorize First Selectman Klein to sign an agreement for electricity procurement at his discretion through CCM. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.

Motion by Dudek, second by Sipples, to move Agenda Items 7.7 and 7.5 to Old Business. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.

7. New Business (now Old Business)
7. Town Attorney Response Re Bidding Procedures & Town Charter
Selectman Sipples noted Town Attorney Wells had responded to the questions posed by Michael Board at the last meeting. Attorney Wells noted the Charter was not a meaningless document. First Selectman Klein noted the Town Charter is very vague and flexible. Selectman Sipples noted that was not his interpretation and asked Selectman Dudek for his opinion. Selectman Dudek noted his interpretation was that the Charter is a document that the Town should follow and he always refers to it when looking for something. Selectman Sipples noted he would like further clarification from Attorney Wells. First Selectman Klein noted funds have already been spent on this question. Selectman Dudek noted the Town Attorney has answered the question and the answer is it is not a meaningless document. With regard to bidding procedures, Attorney Wells noted in his letter he did a lot of research on this subject. Attorney Wells determined the regulation in question was adopted by the BOS on January 13, 1992, approved by the BOF on February 11, 1992, further amended on April 13, 1992 and those amendments approved by the BOF on April 21, 1992. Selectman Dudek noted nothing has been done with this regulation since 1992. Mr. Board noted a copy of the bidding procedure regulation has been in the Selectmen’s office. Both the Town and the State have bidding procedures and the Town should be following them. It was reiterated this was a regulation and not an ordinance. Both Selectmen Sipples and Dudek noted that going forward the Town should be following these bidding procedures. First Selectman Klein noted he follows what the Town Attorney tells him to do.

Selectman Sipples noted the BOS sat with the Town Charter Commission in August, and Mr. Klein was going to follow up with these matters. Mr. Sipples thanked Mr. Board for bringing the bidding procedures regulation to the Board’s attention and noted this should be followed in the future. Selectman Dudek noted the Board did speak with the Town Charter Commission when Mr. Board brought this to its attention, but nothing has been done with it since then.

4. Sludge Lagoon – Update
First Selectman Klein noted another quote on the testing for the sludge lagoons was received and another expected. Selectman Sipples asked if this was not going out to bid. First Selectman Klein noted this is the procedure for testing and all parties have agreed. Selectman Sipples asked why the bidding procedure was not going to be followed. Selectman Dudek noted the Town hired a Town Engineer to do this job. If he has gotten quotes for this testing, why isn’t that satisfactory? Selectman Sipples noted the Town Charter says anything over $5000 should go out to bid. Motion by Sipples to rescind the previous vote regarding the sludge lagoon testing. Voting in favor – Sipples. Opposed – Klein. Abstained – Dudek. Motion Failed.

There was much discussion back and forth amongst the Selectmen relative to getting quotes versus bids and following the bidding procedure. Selectman Dudek noted if it goes out to bid, the Town would have to pay an engineer to write up specifications. Selectman Sipples noted it was his suggestion this go out to bid, but because of the failed motion (noted earlier), that isn’t going to happen.

5. Charter Revision Commission Report
It was noted a report was prepared in September and received by the Selectmen in November. Connecticut General Statute Section 7-191(d) was reviewed. Said section states that the appointing authority shall, by majority vote, either approve or reject the proposed changes within 15 days after receiving the final report. There was a brief discussion regarding the bidding procedure, the recommendation for appointment of alternates and seating relative to Planning & Zoning and Zoning Board of Appeals. Selectman Sipples reiterated the Town Charter is not a meaningless document and if one repeatedly ignores the Charter, there should be penalties. There are currently none and this should be addressed. First Selectman Klein asked why the Charter Revision Commission didn’t revise the Charter when they had the chance. Louis Annino noted the Commission should have hired a consultant to do this work. Selectman Dudek noted there are checks and balances with the Board of Selectmen, Board of Finance and Town Meeting. He also noted he was very disappointed the CRC didn’t accept the recommendation to have a Public Works Commission. One of the biggest advantages of having a Public Works Commission is that the Board of Selectmen is changing all the time. Selectman Dudek noted if this Board feels strongly about these issues, then it should appoint another Commission come January. First Selectman Klein noted when a new Commission is appointed in January, it should be given a specific charge with the items the Selectmen wish to see addressed.

Motion by Sipples, second by Dudek, to reject the proposed changes from the Charter Revision Commission. Voting in favor – Sipples. Opposed – none. Abstained – Klein. Motion Carried.

Selectman Dudek noted this Board should look at this document in depth and give the next Commission very specific items it wishes to see in a new document.

7. New Business (now Old Business)
Town Hall Computer Bid – Status
Selectman Dudek noted he met with the BOF liaison, Gwenne Lally, to review the Town Hall Computer Bids. Ms. Lally was in agreement that 20 hours a month would be the minimum needed. Selectman Dudek asked Ms. Lally if the Town should go for the full amount or just request enough for six months (January thru June). Selectman Dudek recommended the Town go with Sydell Associates. He briefly reviewed Sydell’s bid again. It was decided the required amount for the six months would be $17,125. Motion by Klein, second by Sipples, for the Board of Selectmen to go to the Board of Finance (at their meeting tomorrow night) and request $17,125 for the computer system for Sydell Associates. Voting in favor – Klein, Sipples, Dudek. Opposed – none. Motion Carried. It was noted the 2007/2008 budget would be $13,000 for the full 12 months for labor in addition to any specialty items for the Tax Assessor and Tax Collector.

7. New Business
1. BOS 2007 Meeting Schedule
Motion by Sipples, second by Klein, to approve the Board of Selectmen 2007 Meeting Schedule as submitted. Voting in favor – Sipples, Klein, Dudek. Opposed – none. Motion Carried.

2. Public Works – Sand Bids
The following bids for sand were opened –
1. Hubert E. Butler, $17.70 per c.y., delivered to Town Garage.
2. Venuti Enterprises, Inc., $15.50 per c.y., delivered to Town Garage.
3. WFS Earth Materials, $16.00 per c.y., delivered to Town Garage.
4. Seashore Construction Co., $11.80 per c.y., delivered to Town Garage.
5. Haynes, $17.09 per c.y., delivered to Town Garage.

Motion by Dudek to send the bids to the Public Works Department for review and recommendation back to the Board of Selectmen for award of bid. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.

3. Affordable Housing Status
First Selectman Klein noted John Amport is still working on finding new people to serve on the Affordable Housing Committee. He indicated Bernadette Stettlemeyer will give a presentation to the Committee when it has sufficient members. Selectman Sipples noted there are 5 affordable houses in Killingworth that depend on the Board of Selectmen to act each year. The BOS has been faulty in doing so in the past. Two of those property owners have asked that the BOS act on this by the end of the year. First Selectman Klein noted one of those individuals has received an adjustment for a previous year. This is now in the hands of the Tax Assessor. Selectman Sipples asked First Selectman Klein if a letter has gone out to those 5 people. Mr. Klein noted he was sure it had been sent. Selectman Sipples asked if there had been any responses. Klein noted he was not aware of any. Sipples asked if responses would go back to the Assessor or the First Selectman. Klein noted responses should go to both offices.

4. Multi-Year Capital Improvement Plan – Status Report
First Selectman Klein reviewed items for the multi-year capital improvement plan. Selectman Sipples noted there is no plan currently in writing and asked if Mr. Klein would prepare one and share it with this Board at the next meeting. Some of the items mentioned by Mr. Klein were the Reservoir Road Bridge, Burr Hill Road, Green Hill Road and the Transfer Station Compactor. Amy Roberts-Perry asked if First Selectman Klein had contacted Mr. Fish as suggested by the PAYT Committee. She further noted the individual currently working on this is a hydraulics person and not concerned with overall maintenance. The Town doesn’t really know whether or not it needs a new compactor. The Town is currently putting band aids on the situation. Ms. Perry reiterated she would like this Board to vote on it and to contact Mr. Fish to look at the maintenance issue. Selectman Dudek asked if the cost was known for Mr. Fish to look at it. Ms. Perry noted it would be between $300 and $600. Selectman Dudek noted ironically the maintenance line item for the compactor does not include maintenance.

6. Lover’s Lane Discussion
Selectman Sipples noted he asked for this item to be on the Agenda as winter is fast approaching. Icing on Lover’s Lane is a big concern. There is also the concern that the road is being opened and closed every few days. Sipples asked if this Board wished to discuss particular criteria for closing it for the winter. Klein noted historically it has been left to the Highway Department. Dudek noted that once the road freezes, it should be closed for the winter. Motion by Sipples, second by Klein, that after two consecutive days of the Town Crew going out to Lover’s Lane to apply sand, they should make a determination to close it for the winter. Voting in favor – Sipples, Klein, Dudek. Opposed – none. Motion Carried.

8. MK Announcements
Postponement of Route 80/81 Traffic Circle Work to 2008
It was noted that because of concerns raised at the public hearing having to do with long trucks maneuvering around the Circle, the State has decided to revisit its design.

9. Selectmen’s Concerns
Selectman Dudek noted this Board had previously discussed the end of Alder’s Bridge Road where the dirt pile was located. He noted it was his recommendation the dirt pile be removed and replaced with a berm and boxwoods to complete the hedge line.

Selectman Dudek briefly reviewed the $25,000 life policy that the emergency responders have with the Town. He indicated he would like to discuss this matter further with the Board of Finance members at their meeting tomorrow night.

Selectman Sipples asked if there was any interest in having the Board of Selectmen meetings televised by Comcast Cable. Louis Annino noted this was done before and didn’t do very well. Both Klein and Dudek noted they did not have an interest in pursuing this matter.

Selectman Sipples noted the Traffic Study Committee is feeling ignored and the Board of Selectmen should make a presence at their next meeting. Some of the concerns of the Committee are speeding, drivers using cell phones while driving, no one present from the Board of Selectmen and only a few members of the public are present. First Selectman Klein noted the TSC should not feel ignored. Selectman Dudek noted he received notice of the meeting on a Monday for a meeting on Thursday and that his calendar is booked a month in advance.

Selectman Sipples noted the Town Office Building Study Committee was reactivated. Sipples indicated one member of the previous committee did not receive an invitation to the first meeting of the reactivated committee. Klein noted that was an oversight. Sipples reviewed the charge given to the Committee. He felt the charge was faulty and should be revisited.

Selectman Sipples noted both he and Selectman Dudek received a memo from First Selectman Klein regarding the format for Visitors at the Selectmen’s meetings. Klein had suggested in his memo that Visitors give a written statement regarding their issue and then discussion be limited to two minutes. Selectman Sipples noted the Town Charter says there should be a reference to all communications received by a board/commission in its minutes. He asked if there was a reason why this could not be done in the future. First Selectman Klein asked Selectman Dudek if he was getting enough information. Selectman Dudek noted there are some issues handled directly by the First Selectman and there are some issues that come before the Board of Selectmen.

Selectman Sipples noted there was correspondence from Jim Ward to First Selectman Klein as to why the roads were not swept during the week of October 16 – 20th. Mr. Ward had noted if the roads were swept in the spring, this would not have been an issue. There was also further correspondence having to do with the purchase of boots. Selectman Dudek noted the issue regarding the boots should be discussed during Executive Session. First Selectman Klein noted the roads could have been swept, but they chose to blow the leaves.

Selectman Sipples noted employee performance evaluations were originally discussed back in September. He felt the timeline was unrealistic. Sipples noted Klein has sent out a letter the Town is going forward with the employee performance evaluations. Selectman Dudek noted this has to be brought to the Unions. Selectman Sipples disagreed with the handling of this matter and took issue with the performance factors. Selectman Dudek reiterated the Town is dealing with an employees association and union and this must be part of the bargaining contract.

Selectman Sipples asked that the Minutes reflect that if the First Selectman continually leaves the meeting when an issue is being addressed that he doesn’t like, he finds this very objectionable and grounds for censuring again.

10. Adjournment
Motion by Klein, second by Dudek, to adjourn the meeting at 9:50 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.