September 25, 2006 - REGULAR
1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, September 25, 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 of September 11, 2006
Motion by Sipples, second by Klein, to approve the September 11, 2006 Minutes amended as follows –
• Page 4, 2nd paragraph, 5th sentence to read, “The procedure was that the full Board of Selectmen was to determine if Lover’s Lane was to be closed.”
Voting in favor – Sipples, Klein, Dudek. Opposed – none. Motion Carried.
It was noted approval of the Special Meeting Board of Selectmen Minutes from September 6, 2006 will be put on the next regular meeting Agenda.
3. Visitors
Ed Coppola, Chairman of the Reservoir Road Bridge Engineer Review Committee, was present. He submitted and reviewed the Committee’s Engineering Firm Selection Report dated September 25, 2006. Selectman Dudek asked if one of the charges for the Committee wasn’t to research a more economic solution. Chairman Coppola noted the Committee will be recommending the options that can be pursued. Mr. Coppola explained this is a rather lengthy process. First Selectman Klein noted he thought the Committee has done an excellent job. Mr. Klein has attended all the meetings. He noted one reason the Committee chose Cardinal Engineering was because they gave the Town an alternative. The Committee is currently waiting for the hydrology report from Jacobson & Associates. One of the questions is does the Town go directly to construction or does it go with a temporary bridge. It was noted the engineering firm is looking at all the options. The Selectmen felt it was premature at this time to make any decisions. Chairman Coppola noted the Board of Selectmen inherited this situation and as one goes back over the paperwork, it is noted the Bailey bridge solution is a little misleading. He reviewed the issues with using a Bailey bridge. If the hydrology report shows a replacement of the bridge in like kind, then the time frame would not warrant a temporary bridge but a permanent bridge. First Selectman Klein noted he has met with the State DOT and with the Water Company. He has suggested these individuals meet with Cardinal Engineering. Mr. Stull asked if the timeframe would be next summer. First Selectman Klein noted he did not want to promise the residents anything at this time. Mr. Coppola noted that if the Town must go with a total replacement, it will be a very long timeframe. Mr. Klein noted that while the State is reviewing the audit, the Town will start on the scope and contract work, but will not sign the contract. Working on these concurrently will save the Town about 3 to 4 months. The Board thanked Chairman Coppola and the Committee.
4. Tax Abatements & Refunds
Motion by Selectmen Dudek to approve the Tax Refunds as reviewed (real estate $1,505.02 and motor vehicles $862.35) and attached to these Minutes. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
5. Appointments and Vacancies
1. Municipal Historian
It was noted David LeVasseur has resigned as Municipal Historian. Motion by Selectman Dudek, second by First Selectman Klein, to appoint Thomas Lentz to replace Mr. LeVasseur as Municipal Historian. Voting in favor – Dudek, Klein, Sipples. Opposed – none. Motion Carried.
Chris Kelly from the Park & Recreation Commission was present to review the Open Space Grant Agreement for the Wettish Property/STEAP Grant. First Selectman Klein read the Resolution into the record. Selectman Dudek noted this should be voted on under New Business where it is listed as an agenda item.
2. Housing Partnership – New Members
First Selectman Klein noted the Housing Partnership needs some new members. There are only two current members – John Amport and Michael Board. Selectman Sipples noted he thought the Assessor was going to prepare a formula for the Board of Selectmen to administer the 5 homes. Selectman Dudek noted the Assessor was supposed to supply copies of past letters as guidance for this Board. This needs to be done within a certain time, but he did not remember what the time line was. Selectman Sipples noted this has fallen through the cracks and one of the residents told him he had to pay extra taxes because it wasn’t done in time. First Selectman Klein will ask the Assessor for the proper documentation so the Board of Selectmen can use it as a guide for this year’s taxes. Mr. Klein also noted there is an individual from Greenwich who is very knowledgeable and who will be attending a BOS meeting to give a presentation on affordable housing issues.
6. Old Business
1. Reservoir Road Bridge Committee
This agenda item was already discussed under Visitors.
Motion by Dudek, second by Sipples, to put Alder’s Bridge Road Resolutions on the agenda. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
2. Alder’s Bridge Road Resolutions
Selectman Dudek noted at the last meeting two resolutions were passed relative to Alder’s Bridge Road that need to be rescinded. Motion by Dudek, second by Sipples, to rescind the two Alder’s Bridge Road Resolutions passed at the September 11, 2006 meeting. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
The following Resolution was read into the record –
Resolved: That the Board of Selectmen, subject to the approval of the Planning & Zoning Commission pursuant to Connecticut General Statutes Section 8-24 an a Town Meeting pursuant to Connecticut General Statutes 13a-49, hereby discontinues a portion of Alders Bridge Road, described as follows:
All that piece or parcel of land located along Connecticut Route 148 in the Town of Killingworth, County of Middlesex and State of Connecticut and shown as “Parcel D” 0.02+/- Acres” on a certain map entitled “Road Re-Alignment Plan For The Town of
Killingworth, Connecticut Scale: 1”=40’ Dated: Nov. 2, 1999” Revised to September 20, 2000 by David A. White Land Surveyor which map is on file in the Killingworth Land records as Map #1785 and being more specifically bounded and described as follows:
Beginning at a point in the northerly highway line of Connecticut Route 148 marked by an iron pin as shown on map, which point is 216.57 feet southwest from the intersection of the northerly highway line of Connecticut Route 148 and the westerly highway line of Connecticut Route 81; thence S69° 25' 03" W, 50.08 feet, along the northerly highway line of Connecticut Route 148 to a point marked by an iron pin; thence N22° 37' 08"W, 34.91 feet, along property n/f Marguerite R. Surgrue to a point in a stone wall; thence S80° 45' 23" E, 28.00 feet, to a point in said stone wall, thence S84° 54' 43" E, 24.38 feet, to a point in said stone wall; thence S46° 09' 02" E, 11.53 feet to the point or place of beginning, the last three courses and distances being along "Parcel "B" as shown on said map.
Such discontinuance is subject to, however, the right of The Connecticut Light and Power Company to maintain, operate, repair, replace, upgrade and access their electric cables, conduits, lines, wires, poles, guys, anchors, braces, equipment, facilities, structures and appurtenances currently installed on, over, in, through, across, near, adjacent to and/or under that portion of Alder's Bridge Road being discontinued as described herein.
Motion by Dudek, second by Sipples, to approve the corrected Alder’s Bridge Road Resolution as read into the record. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
Jere Adametz noted that in 1999 it was voted that the Board of Selectmen had permission to abandon the road at that time. He asked why there had to be another Town Meeting. Selectman Dudek noted this was specific to the utilities.
Jere Adametz noted there was prior discussion about the State not trusting the Town to do what it was supposed to do. He noted plans were approved (for Alder’s Bridge Road) by the Board of Selectmen and Town Meeting yet when it came time for the road to be put in, no one knew where to put it. As a result the road is now 10 feet off. He also noted the area was supposed to be topsoiled and seeded, but all there is now is a big pile of dirt. Mr. Adametz noted that was his front lawn. Selectman Dudek asked if that was permanent. First Selectman Klein noted that is what the State wanted. Mr. Adametz noted the asphalt was to be removed, the area topsoiled and seeded according to the State plans. He asked when the dirt pile was going to be removed and the Town does what the plans called for. First Selectman Klein noted he didn’t know anything about that. He indicated Kelly McKeon from DOT has looked at this and felt it was okay. Mr. Venuti noted there should be an as-built filed.
7. New Business
1. Public Works Commission
It was noted a document was received from the Charter Revision Commission regarding the establishment and charge for a Public Works Commission. This will eventually come back to the Board of Selectmen for review.
2. Authorization by BOS for First Selectman to call a Town Meeting, Oct. 3
Selectman Dudek noted Items b and c (Detroit Diesel Generator and Tesco Diesel Fuel Tank) had previously been reviewed and approved by the Board of Selectmen. Item d (environmental testing fees associated with closure of septic lagoons) was never approved or talked about. Selectman Dudek noted the Board of Finance vote to approve those fees was null and void absence the Board of Selectmen approval. He indicated the Charter states the Board of Finance cannot act on anything unless it is approved by the Board of Selectmen. First Selectman Klein noted he had two prices, one was $11,000 and the other was $16,000. He thought this had been discussed. Mr. Klein reviewed information he had on the two prices noting that Brian Curtis from Jacobson & Associates was contacting these people. It was noted that if these people are on the State’s ABL, then this doesn’t have to go out to bid. This will have to go back to the Board of Finance after it is approved by the Board of Selectmen.
Selectman Sipples confirmed with Mr. Klein that he went to the Board of Finance with the request for the generator, diesel tank, septic lagoons, but not the computers. Mr. Klein replied that was correct. Selectman Dudek noted he was not able to attend that meeting with Mr. Klein to review the computers with the BOF. Mr. Dudek will attend the next BOF meeting and the request will be for the highest amount and the bid will be awarded accordingly. First Selectman Klein briefly reviewed some recent computer issues at the Town Hall and the Resident Trooper’s Office.
There was further discussion regarding the closure of the septic lagoons and how the weather could be a factor. Selectman Dudek noted it might be beneficial to wait until next summer when the weather is dry. It was decided this item will not be on the Call of the Town Meeting for October 3rd.
Motion by Dudek, second by Sipples, to authorize First Selectman to call a Town Meeting on October 3, 2006 for the following – discontinue a portion of Alder’s Bridge Road per Resolution, purchase of Detroit Diesel Generator and purchase of 2000 gallon Tesco Diesel Fuel Tank. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
3. Open Space Grant Agreement – Wettish Property/STEAP – C. Kelly
Motion by Dudek, second by Klein, to approve the Resolution for the Open Space Grant Agreement – Wettish Property/STEAP. Discussion followed. Selectman Sipples noted the A2 Survey has been completed but this Board has not seen a copy of it. Chris Kelly briefly reviewed the Agreement. Selectman Dudek noted he has not seen the Agreement. Mr. Kelly noted First Selectman Klein has a copy of it. Selectman Sipples noted he has not seen a copy of the Agreement and was reluctant to approve something he has not seen. Selectman Dudek asked whose job it was to be sure these documents are put in the Selectmen’s mailbox. This item was tabled until the next meeting.
4. Audit Status – A. Rusilowicz
Mr. Rusilowicz was not present and this item was not discussed.
8. MK Announcements – none.
9. Selectmen’s Concerns
Selectman Dudek noted the Land Use Committee Minutes reflected what had been said in the Selectmen’s Minutes that Park & Rec should be using the expertise of the LUC. The LUC Minutes stated they weren’t notified by either Park & Rec or the Board of Selectmen. Mr. Dudek suggested Mr. Klein might want to write a letter confirming this fact. Selectman Sipples also noted the LUC is awaiting communication from Mr. Klein as to its charge.
Selectman Dudek noted the National Hazard Mitigation Plan needs to be reviewed and come up for a vote at a future meeting (and not the next one). He further noted this Plan involves a great many things that must be discussed.
Selectman Dudek noted a resident of Patrick Drive brought up the issue of the “dots” painted on the road. There was discussion as to what the dots represent and who painted them. It was decided this had to do with cleaning out the catch basins, but it was unclear as to whether the dots meant it had been done or was to be done. Selectman Dudek noted the Town must be sure all the catch basins are being done as it is paying for this.
Selectman Sipples asked First Selectman Klein if he has contacted Jacobson & Associates regarding a more permanent solution for Lover’s Lane. Mr. Klein asked who instructed him to do that. Mr. Sipples replied the Board of Selectmen. There was discussion about a previous application to Inland Wetlands that was ultimately withdrawn and that as a result IW has an environmental review team looking at the issue. Selectman Sipples noted Inland Wetlands does not have any jurisdiction over the current condition of Lover’s Lane. He noted this Board voted as a majority that on a going forward basis that if Lover’s Lane were to be closed, that it be a full Board decision. The vote for that was two in favor and one abstention. Selectman Sipples noted First Selectman Klein took it upon himself to close Lover’s Lane the last time and did not consult the full Board. When he approached Mr. Klein on the subject, he was advised to take it to the Town Attorney. Selectman Sipples stated he felt First Selectman Klein owed the townspeople and the Board of Selectmen a public apology and if he was not prepared to do so, he was going to make a motion to censure Mr. Klein. First Selectman Klein noted as the First Selectman he makes decisions and there was water over the road. He further noted he called both Selectmen Sipples and Dudek and received no reply. Selectmen Dudek and Sipples noted they received a call but the message was that the road had been closed. Motion by Sipples that First Selectman Klein be censured for ignoring the majority vote of the Board of Selectmen regarding future closings of Lover’s Lane. Discussion followed. Selectman Dudek noted he didn’t agree with the censure as he didn’t feel this was malicious. First Selectman Klein noted Ms. Gordon called the Selectmen early in the morning. Selectman Dudek noted the message he received was that Lover’s Lane was being closed. Selectman Sipples noted the issue is that Mr. Klein does not follow procedure. Selectman Dudek reiterated he didn’t feel the same as Selectman Sipples and that there was some confusion at the end of that meeting as to who was going to close the road. Voting in favor – Sipples. Opposed – Dudek, Klein. Motion Failed. Lou Annino noted there will be a petition coming before the Board of Selectmen soon to either close the road or fix it. First Selectman Klein noted this was a defective road and the Town Attorney agreed. Lou Annino said he disagreed and Selectman Dudek noted that two of the Selectmen also disagree. Mr. Dudek noted the previous Board of Selectmen voted on a plan to go before Inland Wetlands and to get the road fixed, but that application was pulled by First Selectman Klein.
There was a brief discussion regarding communications coming into the office addressed to all three selectmen and what is a reasonable amount of time for the other two selectmen to receive their correspondence.
Selectman Sipples noted a letter was received from Freedom of Information regarding a request from Michael Board. First Selectman Klein noted he has responded to FOI, but has not heard back yet. The requested information was picked up by Mr. Board.
Selectman Sipples noted there was a second FOI request to all three Selectmen from Mr. Board for a copy of a tape from the Board of Selectmen meeting of August 28, 2006. First Selectman Klein noted Recording Secretary Brown had spoke to Tom Hennick from FOI regarding this request. Mrs. Brown noted Mr. Hennick advised her that if the tape recorder and tape were her property used in assisting her to prepare the minutes, then the tape was not available for FOI purposes.
Selectman Sipples asked about the status of a letter from the Board of Finance relative to the new purchase order policy. This will be put on an upcoming BOS Agenda for further discussion.
Selectman Sipples reviewed a letter received regarding the Town receiving $15,000 to investigate having a Health District. Both First Selectman Klein and Selectman Dudek noted this Board voted against joining that group awhile ago. Deep River, Saybrook and Clinton have the most to gain from joining. Essex and Westbrook didn’t join. This should be put on the next Agenda for further discussion.
Selectman Sipples asked for an update on the Region 17 Building and Attorneys’ fees situation. First Selectman Klein noted there will be an upcoming meeting regarding this topic. Selectman Dudek noted then there have been no new developments other than there will be another meeting. Selectman Sipples asked Mr. Klein if he wished to negotiate individually. First Selectman Klein noted if Mr. Sipples wished to do the negotiating, he was free to do so. Selectman Dudek noted he thought the Board agreed to take the attorneys’ fees out. Mr. Klein noted he did not want to take the legal fees out and will walk away from this if that is what the Board wants. Selectman Sipples noted he thought Mr. Klein’s response was unrealistic and unprofessional.
10. Adjournment
Motion by Klein, second by Dudek, 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, September 25, 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 of September 11, 2006
Motion by Sipples, second by Klein, to approve the September 11, 2006 Minutes amended as follows –
• Page 4, 2nd paragraph, 5th sentence to read, “The procedure was that the full Board of Selectmen was to determine if Lover’s Lane was to be closed.”
Voting in favor – Sipples, Klein, Dudek. Opposed – none. Motion Carried.
It was noted approval of the Special Meeting Board of Selectmen Minutes from September 6, 2006 will be put on the next regular meeting Agenda.
3. Visitors
Ed Coppola, Chairman of the Reservoir Road Bridge Engineer Review Committee, was present. He submitted and reviewed the Committee’s Engineering Firm Selection Report dated September 25, 2006. Selectman Dudek asked if one of the charges for the Committee wasn’t to research a more economic solution. Chairman Coppola noted the Committee will be recommending the options that can be pursued. Mr. Coppola explained this is a rather lengthy process. First Selectman Klein noted he thought the Committee has done an excellent job. Mr. Klein has attended all the meetings. He noted one reason the Committee chose Cardinal Engineering was because they gave the Town an alternative. The Committee is currently waiting for the hydrology report from Jacobson & Associates. One of the questions is does the Town go directly to construction or does it go with a temporary bridge. It was noted the engineering firm is looking at all the options. The Selectmen felt it was premature at this time to make any decisions. Chairman Coppola noted the Board of Selectmen inherited this situation and as one goes back over the paperwork, it is noted the Bailey bridge solution is a little misleading. He reviewed the issues with using a Bailey bridge. If the hydrology report shows a replacement of the bridge in like kind, then the time frame would not warrant a temporary bridge but a permanent bridge. First Selectman Klein noted he has met with the State DOT and with the Water Company. He has suggested these individuals meet with Cardinal Engineering. Mr. Stull asked if the timeframe would be next summer. First Selectman Klein noted he did not want to promise the residents anything at this time. Mr. Coppola noted that if the Town must go with a total replacement, it will be a very long timeframe. Mr. Klein noted that while the State is reviewing the audit, the Town will start on the scope and contract work, but will not sign the contract. Working on these concurrently will save the Town about 3 to 4 months. The Board thanked Chairman Coppola and the Committee.
4. Tax Abatements & Refunds
Motion by Selectmen Dudek to approve the Tax Refunds as reviewed (real estate $1,505.02 and motor vehicles $862.35) and attached to these Minutes. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
5. Appointments and Vacancies
1. Municipal Historian
It was noted David LeVasseur has resigned as Municipal Historian. Motion by Selectman Dudek, second by First Selectman Klein, to appoint Thomas Lentz to replace Mr. LeVasseur as Municipal Historian. Voting in favor – Dudek, Klein, Sipples. Opposed – none. Motion Carried.
Chris Kelly from the Park & Recreation Commission was present to review the Open Space Grant Agreement for the Wettish Property/STEAP Grant. First Selectman Klein read the Resolution into the record. Selectman Dudek noted this should be voted on under New Business where it is listed as an agenda item.
2. Housing Partnership – New Members
First Selectman Klein noted the Housing Partnership needs some new members. There are only two current members – John Amport and Michael Board. Selectman Sipples noted he thought the Assessor was going to prepare a formula for the Board of Selectmen to administer the 5 homes. Selectman Dudek noted the Assessor was supposed to supply copies of past letters as guidance for this Board. This needs to be done within a certain time, but he did not remember what the time line was. Selectman Sipples noted this has fallen through the cracks and one of the residents told him he had to pay extra taxes because it wasn’t done in time. First Selectman Klein will ask the Assessor for the proper documentation so the Board of Selectmen can use it as a guide for this year’s taxes. Mr. Klein also noted there is an individual from Greenwich who is very knowledgeable and who will be attending a BOS meeting to give a presentation on affordable housing issues.
6. Old Business
1. Reservoir Road Bridge Committee
This agenda item was already discussed under Visitors.
Motion by Dudek, second by Sipples, to put Alder’s Bridge Road Resolutions on the agenda. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
2. Alder’s Bridge Road Resolutions
Selectman Dudek noted at the last meeting two resolutions were passed relative to Alder’s Bridge Road that need to be rescinded. Motion by Dudek, second by Sipples, to rescind the two Alder’s Bridge Road Resolutions passed at the September 11, 2006 meeting. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
The following Resolution was read into the record –
Resolved: That the Board of Selectmen, subject to the approval of the Planning & Zoning Commission pursuant to Connecticut General Statutes Section 8-24 an a Town Meeting pursuant to Connecticut General Statutes 13a-49, hereby discontinues a portion of Alders Bridge Road, described as follows:
All that piece or parcel of land located along Connecticut Route 148 in the Town of Killingworth, County of Middlesex and State of Connecticut and shown as “Parcel D” 0.02+/- Acres” on a certain map entitled “Road Re-Alignment Plan For The Town of
Killingworth, Connecticut Scale: 1”=40’ Dated: Nov. 2, 1999” Revised to September 20, 2000 by David A. White Land Surveyor which map is on file in the Killingworth Land records as Map #1785 and being more specifically bounded and described as follows:
Beginning at a point in the northerly highway line of Connecticut Route 148 marked by an iron pin as shown on map, which point is 216.57 feet southwest from the intersection of the northerly highway line of Connecticut Route 148 and the westerly highway line of Connecticut Route 81; thence S69° 25' 03" W, 50.08 feet, along the northerly highway line of Connecticut Route 148 to a point marked by an iron pin; thence N22° 37' 08"W, 34.91 feet, along property n/f Marguerite R. Surgrue to a point in a stone wall; thence S80° 45' 23" E, 28.00 feet, to a point in said stone wall, thence S84° 54' 43" E, 24.38 feet, to a point in said stone wall; thence S46° 09' 02" E, 11.53 feet to the point or place of beginning, the last three courses and distances being along "Parcel "B" as shown on said map.
Such discontinuance is subject to, however, the right of The Connecticut Light and Power Company to maintain, operate, repair, replace, upgrade and access their electric cables, conduits, lines, wires, poles, guys, anchors, braces, equipment, facilities, structures and appurtenances currently installed on, over, in, through, across, near, adjacent to and/or under that portion of Alder's Bridge Road being discontinued as described herein.
Motion by Dudek, second by Sipples, to approve the corrected Alder’s Bridge Road Resolution as read into the record. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
Jere Adametz noted that in 1999 it was voted that the Board of Selectmen had permission to abandon the road at that time. He asked why there had to be another Town Meeting. Selectman Dudek noted this was specific to the utilities.
Jere Adametz noted there was prior discussion about the State not trusting the Town to do what it was supposed to do. He noted plans were approved (for Alder’s Bridge Road) by the Board of Selectmen and Town Meeting yet when it came time for the road to be put in, no one knew where to put it. As a result the road is now 10 feet off. He also noted the area was supposed to be topsoiled and seeded, but all there is now is a big pile of dirt. Mr. Adametz noted that was his front lawn. Selectman Dudek asked if that was permanent. First Selectman Klein noted that is what the State wanted. Mr. Adametz noted the asphalt was to be removed, the area topsoiled and seeded according to the State plans. He asked when the dirt pile was going to be removed and the Town does what the plans called for. First Selectman Klein noted he didn’t know anything about that. He indicated Kelly McKeon from DOT has looked at this and felt it was okay. Mr. Venuti noted there should be an as-built filed.
7. New Business
1. Public Works Commission
It was noted a document was received from the Charter Revision Commission regarding the establishment and charge for a Public Works Commission. This will eventually come back to the Board of Selectmen for review.
2. Authorization by BOS for First Selectman to call a Town Meeting, Oct. 3
Selectman Dudek noted Items b and c (Detroit Diesel Generator and Tesco Diesel Fuel Tank) had previously been reviewed and approved by the Board of Selectmen. Item d (environmental testing fees associated with closure of septic lagoons) was never approved or talked about. Selectman Dudek noted the Board of Finance vote to approve those fees was null and void absence the Board of Selectmen approval. He indicated the Charter states the Board of Finance cannot act on anything unless it is approved by the Board of Selectmen. First Selectman Klein noted he had two prices, one was $11,000 and the other was $16,000. He thought this had been discussed. Mr. Klein reviewed information he had on the two prices noting that Brian Curtis from Jacobson & Associates was contacting these people. It was noted that if these people are on the State’s ABL, then this doesn’t have to go out to bid. This will have to go back to the Board of Finance after it is approved by the Board of Selectmen.
Selectman Sipples confirmed with Mr. Klein that he went to the Board of Finance with the request for the generator, diesel tank, septic lagoons, but not the computers. Mr. Klein replied that was correct. Selectman Dudek noted he was not able to attend that meeting with Mr. Klein to review the computers with the BOF. Mr. Dudek will attend the next BOF meeting and the request will be for the highest amount and the bid will be awarded accordingly. First Selectman Klein briefly reviewed some recent computer issues at the Town Hall and the Resident Trooper’s Office.
There was further discussion regarding the closure of the septic lagoons and how the weather could be a factor. Selectman Dudek noted it might be beneficial to wait until next summer when the weather is dry. It was decided this item will not be on the Call of the Town Meeting for October 3rd.
Motion by Dudek, second by Sipples, to authorize First Selectman to call a Town Meeting on October 3, 2006 for the following – discontinue a portion of Alder’s Bridge Road per Resolution, purchase of Detroit Diesel Generator and purchase of 2000 gallon Tesco Diesel Fuel Tank. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
3. Open Space Grant Agreement – Wettish Property/STEAP – C. Kelly
Motion by Dudek, second by Klein, to approve the Resolution for the Open Space Grant Agreement – Wettish Property/STEAP. Discussion followed. Selectman Sipples noted the A2 Survey has been completed but this Board has not seen a copy of it. Chris Kelly briefly reviewed the Agreement. Selectman Dudek noted he has not seen the Agreement. Mr. Kelly noted First Selectman Klein has a copy of it. Selectman Sipples noted he has not seen a copy of the Agreement and was reluctant to approve something he has not seen. Selectman Dudek asked whose job it was to be sure these documents are put in the Selectmen’s mailbox. This item was tabled until the next meeting.
4. Audit Status – A. Rusilowicz
Mr. Rusilowicz was not present and this item was not discussed.
8. MK Announcements – none.
9. Selectmen’s Concerns
Selectman Dudek noted the Land Use Committee Minutes reflected what had been said in the Selectmen’s Minutes that Park & Rec should be using the expertise of the LUC. The LUC Minutes stated they weren’t notified by either Park & Rec or the Board of Selectmen. Mr. Dudek suggested Mr. Klein might want to write a letter confirming this fact. Selectman Sipples also noted the LUC is awaiting communication from Mr. Klein as to its charge.
Selectman Dudek noted the National Hazard Mitigation Plan needs to be reviewed and come up for a vote at a future meeting (and not the next one). He further noted this Plan involves a great many things that must be discussed.
Selectman Dudek noted a resident of Patrick Drive brought up the issue of the “dots” painted on the road. There was discussion as to what the dots represent and who painted them. It was decided this had to do with cleaning out the catch basins, but it was unclear as to whether the dots meant it had been done or was to be done. Selectman Dudek noted the Town must be sure all the catch basins are being done as it is paying for this.
Selectman Sipples asked First Selectman Klein if he has contacted Jacobson & Associates regarding a more permanent solution for Lover’s Lane. Mr. Klein asked who instructed him to do that. Mr. Sipples replied the Board of Selectmen. There was discussion about a previous application to Inland Wetlands that was ultimately withdrawn and that as a result IW has an environmental review team looking at the issue. Selectman Sipples noted Inland Wetlands does not have any jurisdiction over the current condition of Lover’s Lane. He noted this Board voted as a majority that on a going forward basis that if Lover’s Lane were to be closed, that it be a full Board decision. The vote for that was two in favor and one abstention. Selectman Sipples noted First Selectman Klein took it upon himself to close Lover’s Lane the last time and did not consult the full Board. When he approached Mr. Klein on the subject, he was advised to take it to the Town Attorney. Selectman Sipples stated he felt First Selectman Klein owed the townspeople and the Board of Selectmen a public apology and if he was not prepared to do so, he was going to make a motion to censure Mr. Klein. First Selectman Klein noted as the First Selectman he makes decisions and there was water over the road. He further noted he called both Selectmen Sipples and Dudek and received no reply. Selectmen Dudek and Sipples noted they received a call but the message was that the road had been closed. Motion by Sipples that First Selectman Klein be censured for ignoring the majority vote of the Board of Selectmen regarding future closings of Lover’s Lane. Discussion followed. Selectman Dudek noted he didn’t agree with the censure as he didn’t feel this was malicious. First Selectman Klein noted Ms. Gordon called the Selectmen early in the morning. Selectman Dudek noted the message he received was that Lover’s Lane was being closed. Selectman Sipples noted the issue is that Mr. Klein does not follow procedure. Selectman Dudek reiterated he didn’t feel the same as Selectman Sipples and that there was some confusion at the end of that meeting as to who was going to close the road. Voting in favor – Sipples. Opposed – Dudek, Klein. Motion Failed. Lou Annino noted there will be a petition coming before the Board of Selectmen soon to either close the road or fix it. First Selectman Klein noted this was a defective road and the Town Attorney agreed. Lou Annino said he disagreed and Selectman Dudek noted that two of the Selectmen also disagree. Mr. Dudek noted the previous Board of Selectmen voted on a plan to go before Inland Wetlands and to get the road fixed, but that application was pulled by First Selectman Klein.
There was a brief discussion regarding communications coming into the office addressed to all three selectmen and what is a reasonable amount of time for the other two selectmen to receive their correspondence.
Selectman Sipples noted a letter was received from Freedom of Information regarding a request from Michael Board. First Selectman Klein noted he has responded to FOI, but has not heard back yet. The requested information was picked up by Mr. Board.
Selectman Sipples noted there was a second FOI request to all three Selectmen from Mr. Board for a copy of a tape from the Board of Selectmen meeting of August 28, 2006. First Selectman Klein noted Recording Secretary Brown had spoke to Tom Hennick from FOI regarding this request. Mrs. Brown noted Mr. Hennick advised her that if the tape recorder and tape were her property used in assisting her to prepare the minutes, then the tape was not available for FOI purposes.
Selectman Sipples asked about the status of a letter from the Board of Finance relative to the new purchase order policy. This will be put on an upcoming BOS Agenda for further discussion.
Selectman Sipples reviewed a letter received regarding the Town receiving $15,000 to investigate having a Health District. Both First Selectman Klein and Selectman Dudek noted this Board voted against joining that group awhile ago. Deep River, Saybrook and Clinton have the most to gain from joining. Essex and Westbrook didn’t join. This should be put on the next Agenda for further discussion.
Selectman Sipples asked for an update on the Region 17 Building and Attorneys’ fees situation. First Selectman Klein noted there will be an upcoming meeting regarding this topic. Selectman Dudek noted then there have been no new developments other than there will be another meeting. Selectman Sipples asked Mr. Klein if he wished to negotiate individually. First Selectman Klein noted if Mr. Sipples wished to do the negotiating, he was free to do so. Selectman Dudek noted he thought the Board agreed to take the attorneys’ fees out. Mr. Klein noted he did not want to take the legal fees out and will walk away from this if that is what the Board wants. Selectman Sipples noted he thought Mr. Klein’s response was unrealistic and unprofessional.
10. Adjournment
Motion by Klein, second by Dudek, to adjourn at 9:15 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
