February 26, 2007 - REGULAR
1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, February 26, 2007, at the Killingworth Town Office Building, 323 Route 81, Killingworth. 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
Motion by Dudek to approve February 14, 2007 Regular Meeting and February 21, 2007 Special Meeting Minutes, both as written. Voting in favor – Dudek, Klein, Sipples (with Sipples abstaining from February 14, 2007 Minutes). Opposed – none. Motion Carried.
3. Visitors
First Selectman Klein noted Town Counsel Michael Wells was present to review the Town’s bidding process. A copy of his letter dated February 20, 2007 had been distributed. Attorney Wells noted the Charter requires “bidding procedures that consider quality, experience and costs shall be used on all purchased items costing in excess of five thousand ($5,000) dollars”. This regulation was adopted by the Board of Selectmen in April of 1992. Mr. Wells had suggested last fall when the Board was looking at that regulation that it might want to consider revising it. Attorney Wells reviewed the current requirements (as listed in his letter) for items over $5,000, between $2,500 and $5,000 and under $2,500. Attorney Wells then reviewed the suggested changes (as stated in his letter). He suggested increasing the amount after which a formal bid with advertising, formal opening, etc. is required leaving the floor at $2,500. He also suggested the Board consider some kind of a response system should the other selectmen have comments or concerns, other than just getting notice of multiple price quotes. Mr. Wells indicated the multiple price quote procedure fits within the language of the Charter provision. He recommended having a bidders list of individuals who submit their names for specific areas of interest. Names could be submitted at any time and would remain on the list until removed by the prospective bidder. For the multiple price quote procedure for expenditures between $2,500 and $10,000, the First Selectman would solicit quotes from appropriate names on the list. Advertising would then occur if no quotes were received or quotes received were not acceptable. Mr. Wells indicated any projects having state of federal funding would default to their bidding process. He suggested the Board think about retaining the reference in the current regulation about preference for local contractors. Mr. Wells reviewed the policy issue regarding preference for local contractors. Selectman Dudek asked First Selectman Klein if the current process was to get formal bids for anything over $5,000. First Selectman Klein replied yes and those bids come in sealed and are opened by the Board. Attorney Wells explained he was suggesting to raise the amount to $10,000 and formalize a response system so that a Board member could object if he had concerns or comments about a particular bidder. It would then be put on the next Selectmen’s Meeting Agenda and discussed. Mr. Wells reiterated this is not a Charter change, but a regulation change. He reviewed a couple of examples using the current process and the suggested changes. Selectman Dudek noted he would like to see perhaps a blanket purchase order to a specific vendor once a year for those items (such as office supplies, auto parts, etc.) that are purchased over a 12 month basis. Selectman Sipples asked if the other selectmen should be notified of any bids being requested under $5,000. Attorney Wells noted the current regulation says the First Selectman should be notifying the other selectmen of anything between $2,500 and $5,000, but he indicated the difficult part of it is the cumulative nature of the regulation. Mr. Wells again reiterated the Charter relates to bidding procedures, and he was not suggesting a change to the Charter but a change to the bidding procedures which are left up to the Selectmen. Attorney Wells noted the point of the bidding process is to get the best price and quality for the Town and to be fair in awarding those contracts. There was discussion about each department ordering their own supplies and it is difficult to get a handle on a total being spent. It was suggested this be discussed with the auditor and Board of Finance. Michael Board noted he liked the idea of having a bidders list. He also noted that Ridgefield’s bidding procedures are in their Town Charter and asked if that was possible. Attorney Wells noted the Charter could be changed to include bidding procedures but it is a lengthy process. Most towns have a bidding Ordinance. Mr. Wells noted he personally would like to see it as an Ordinance but the Town Charter only allows for regulations. Selectman Sipples noted there were 4 areas that need more discussion – procedure for notifying the other selectmen, response system, local contractors and cumulative effect. Selectman Dudek noted he agreed and that the 1992 regulation should be rescinded and a new regulation created. The Charter would have to be changed for it to be an Ordinance. Selectman Sipples asked whether there was a mechanism for penalty when procedures are not intentionally followed. Should language be included to that effect? Selectman Dudek asked if it would be different if this was an Ordinance. Attorney Wells replied yes; there could be fines through an Ordinance. Regulations do not provide for fines. Attorney Wells cautioned to not bring politics into this matter. Peter Venuti encouraged the use of a purchase order system as there is currently no control.
Selectman Sipples asked if Attorney Wells was planning on attending the Town Meeting on Wednesday for the Open Space Grant Agreement. It was agreed Mr.
Wells attendance would be important and he will attend that meeting.
The letter from Attorney Wells regarding preference to a KMEA member for a job position was briefly reviewed. Mr. Wells noted the word ‘preference’ is not defined in the document. The statement in the minutes referred to by Selectman Sipples was in fact a statement made by Selectman Dudek at the last meeting and was accurate.
4. Tax Abatements and Refunds
Motion by Selectman Dudek, second by Selectman Sipples, to approve tax refunds as reviewed – Kurt & Susan Strecker $33.43 for real estate and Margaret A. Bartosiak for motor vehicle. Voting in favor – Sipples, Dudek, Klein. Opposed – none. Motion Carried.
5. Appointments & Vacancies - none.
6. Old Business
1. Sludge Lagoon Bid Update
First Selectman Klein noted there were 14 people who picked up bid packages. There will be a pre-bid meeting tomorrow and a walk around the sludge lagoons to see what has to be done. Bids should be submitted in March and opened before the Board of Selectmen. The Town Engineer will review the short list of bidders and make a recommendation.
2. PAYT – December Survey Results
Amy Perry noted she distributed copies of the survey results and asked if the Board members had a chance to review it. First Selectman Klein noted he periodically gets a call from Don Perry that the bulky waste container is full and needs to be smashed down. Ms. Perry asked if this was from residents or contractors. She also noted almost an entire container of tires has been eliminated. Ms. Perry indicated PAYT was concerned about where this material is coming from. Selectman Dudek asked what evidence PAYT has of contractor use. Jeff Reisman noted this material is mainly sinks, windows, kitchen cabinets, etc. He indicated it is not only contractors but abusive use by some residents. Mr. Reisman suggested the Town take a look at the services it is providing and possibly make some restrictions. Perhaps some of the services should be paid for or the contractors should get their own dumpster. First Selectman Klein noted the Board would take their advice under advisement and have a discussion about it. He further noted he has been at the transfer station and would be very much against restricting bulky waste to one week a month. First Selectman Klein suggested PAYT give him the license numbers of those who are abusing the service and he will contact them. The use of stickers was briefly reviewed. Ms. Perry asked if there was money in the budget for stickers. There was discussion about whether employees are enforcing the use of stickers. Selectman Dudek noted budget deliberations are coming up and there is committee support for the stickers. First Selectman Klein noted he has spent a lot of time at the transfer station and they are very busy and do a good job. Ms. Perry noted they have spent a lot of time at the transfer station and don’t see the production that Mr. Klein does. Mr. Board noted this is a problem of enforcement. The system is working okay. Both Selectmen Sipples and Dudek agreed this was a problem of enforcement. Mr. Klein noted he hasn’t given it that much thought and didn’t have an answer. The issue of items disappearing from the metal bin was discussed. Selectman Dudek suggested using Calamaris in Essex rather than Metal Management.
Selectman Sipples asked about the status of the Town Foreman. It was decided that will be discussed in Executive Session at the March 12th meeting.
7. New Business
1. Revised Bidding Procedures Presentation – discussed under Visitors.
2. BOS Approval of Extrememan Triathion 9/23/07
First Selectman Klein read the letter regarding the Extrememan Triathion for 9/23/07 requesting town permit for use of town roads. Selectman Dudek asked who would be responsible for emergency care, insurance and town liability. First Selectman Klein noted he would investigate this matter further.
8. MK Announcements
Mr. Klein noted there is a Town Meeting on 2/28/07 at which time 3 items will be taken up per the posted notice.
Mr. Klein noted the contract with Cardinal Engineering for the Reservoir Road Bridge will be signed on March 2nd at the Town Hall.
Mr. Klein noted there are 3 transformers at the Bosco property that are being removed. There is also an individual who is interested in purchasing the property. Bond counsel will discuss this matter with the IRS to see if anything can be done.
Mr. Klein noted things are moving along with Route 81 and Green Hill Road realignment. Bids are due on March 5th.
Mr. Klein indicated there are a couple of snags with the Burr Hill Road project having to do with the watershed. The State has a preservation group doing archeological work.
Mr. Klein noted the Town will be getting on the school’s medical insurance.
Mr. Klein gave an update on the Region 17 traffic issue at the new Middle School on Route 81. Traffic control will be starting tomorrow. Another State Trooper has been added in next year’s budget for a half day.
9. Selectmen’s Concerns
Selectman Sipples noted Region 17 should offer to pay for the traffic light at the new Middle School.
Selectman Sipples briefly reviewed the Town Meeting for 2/28/07 regarding the Open Space Grant Agreement. He noted this was a big issue that Park & Recreation have been working on for some time. Mr. Sipples asked First Selectman Klein what the procedure would be for that meeting. Mr. Klein noted Park & Recreation will be answering any questions. Selectman Sipples asked what happens if it is rejected. Mr. Klein noted then the Town goes back to the drawing board. Selectman Dudek noted Park & Rec was to come back to the Selectmen with engineering figures. Use of the $500,000 was discussed. Mr. Klein noted it would be used prudently.
10. Adjournment
Motion by Klein, second by Dudek, to adjourn at 9:00 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
The Killingworth Board of Selectmen held its regular meeting on Monday, February 26, 2007, at the Killingworth Town Office Building, 323 Route 81, Killingworth. 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
Motion by Dudek to approve February 14, 2007 Regular Meeting and February 21, 2007 Special Meeting Minutes, both as written. Voting in favor – Dudek, Klein, Sipples (with Sipples abstaining from February 14, 2007 Minutes). Opposed – none. Motion Carried.
3. Visitors
First Selectman Klein noted Town Counsel Michael Wells was present to review the Town’s bidding process. A copy of his letter dated February 20, 2007 had been distributed. Attorney Wells noted the Charter requires “bidding procedures that consider quality, experience and costs shall be used on all purchased items costing in excess of five thousand ($5,000) dollars”. This regulation was adopted by the Board of Selectmen in April of 1992. Mr. Wells had suggested last fall when the Board was looking at that regulation that it might want to consider revising it. Attorney Wells reviewed the current requirements (as listed in his letter) for items over $5,000, between $2,500 and $5,000 and under $2,500. Attorney Wells then reviewed the suggested changes (as stated in his letter). He suggested increasing the amount after which a formal bid with advertising, formal opening, etc. is required leaving the floor at $2,500. He also suggested the Board consider some kind of a response system should the other selectmen have comments or concerns, other than just getting notice of multiple price quotes. Mr. Wells indicated the multiple price quote procedure fits within the language of the Charter provision. He recommended having a bidders list of individuals who submit their names for specific areas of interest. Names could be submitted at any time and would remain on the list until removed by the prospective bidder. For the multiple price quote procedure for expenditures between $2,500 and $10,000, the First Selectman would solicit quotes from appropriate names on the list. Advertising would then occur if no quotes were received or quotes received were not acceptable. Mr. Wells indicated any projects having state of federal funding would default to their bidding process. He suggested the Board think about retaining the reference in the current regulation about preference for local contractors. Mr. Wells reviewed the policy issue regarding preference for local contractors. Selectman Dudek asked First Selectman Klein if the current process was to get formal bids for anything over $5,000. First Selectman Klein replied yes and those bids come in sealed and are opened by the Board. Attorney Wells explained he was suggesting to raise the amount to $10,000 and formalize a response system so that a Board member could object if he had concerns or comments about a particular bidder. It would then be put on the next Selectmen’s Meeting Agenda and discussed. Mr. Wells reiterated this is not a Charter change, but a regulation change. He reviewed a couple of examples using the current process and the suggested changes. Selectman Dudek noted he would like to see perhaps a blanket purchase order to a specific vendor once a year for those items (such as office supplies, auto parts, etc.) that are purchased over a 12 month basis. Selectman Sipples asked if the other selectmen should be notified of any bids being requested under $5,000. Attorney Wells noted the current regulation says the First Selectman should be notifying the other selectmen of anything between $2,500 and $5,000, but he indicated the difficult part of it is the cumulative nature of the regulation. Mr. Wells again reiterated the Charter relates to bidding procedures, and he was not suggesting a change to the Charter but a change to the bidding procedures which are left up to the Selectmen. Attorney Wells noted the point of the bidding process is to get the best price and quality for the Town and to be fair in awarding those contracts. There was discussion about each department ordering their own supplies and it is difficult to get a handle on a total being spent. It was suggested this be discussed with the auditor and Board of Finance. Michael Board noted he liked the idea of having a bidders list. He also noted that Ridgefield’s bidding procedures are in their Town Charter and asked if that was possible. Attorney Wells noted the Charter could be changed to include bidding procedures but it is a lengthy process. Most towns have a bidding Ordinance. Mr. Wells noted he personally would like to see it as an Ordinance but the Town Charter only allows for regulations. Selectman Sipples noted there were 4 areas that need more discussion – procedure for notifying the other selectmen, response system, local contractors and cumulative effect. Selectman Dudek noted he agreed and that the 1992 regulation should be rescinded and a new regulation created. The Charter would have to be changed for it to be an Ordinance. Selectman Sipples asked whether there was a mechanism for penalty when procedures are not intentionally followed. Should language be included to that effect? Selectman Dudek asked if it would be different if this was an Ordinance. Attorney Wells replied yes; there could be fines through an Ordinance. Regulations do not provide for fines. Attorney Wells cautioned to not bring politics into this matter. Peter Venuti encouraged the use of a purchase order system as there is currently no control.
Selectman Sipples asked if Attorney Wells was planning on attending the Town Meeting on Wednesday for the Open Space Grant Agreement. It was agreed Mr.
Wells attendance would be important and he will attend that meeting.
The letter from Attorney Wells regarding preference to a KMEA member for a job position was briefly reviewed. Mr. Wells noted the word ‘preference’ is not defined in the document. The statement in the minutes referred to by Selectman Sipples was in fact a statement made by Selectman Dudek at the last meeting and was accurate.
4. Tax Abatements and Refunds
Motion by Selectman Dudek, second by Selectman Sipples, to approve tax refunds as reviewed – Kurt & Susan Strecker $33.43 for real estate and Margaret A. Bartosiak for motor vehicle. Voting in favor – Sipples, Dudek, Klein. Opposed – none. Motion Carried.
5. Appointments & Vacancies - none.
6. Old Business
1. Sludge Lagoon Bid Update
First Selectman Klein noted there were 14 people who picked up bid packages. There will be a pre-bid meeting tomorrow and a walk around the sludge lagoons to see what has to be done. Bids should be submitted in March and opened before the Board of Selectmen. The Town Engineer will review the short list of bidders and make a recommendation.
2. PAYT – December Survey Results
Amy Perry noted she distributed copies of the survey results and asked if the Board members had a chance to review it. First Selectman Klein noted he periodically gets a call from Don Perry that the bulky waste container is full and needs to be smashed down. Ms. Perry asked if this was from residents or contractors. She also noted almost an entire container of tires has been eliminated. Ms. Perry indicated PAYT was concerned about where this material is coming from. Selectman Dudek asked what evidence PAYT has of contractor use. Jeff Reisman noted this material is mainly sinks, windows, kitchen cabinets, etc. He indicated it is not only contractors but abusive use by some residents. Mr. Reisman suggested the Town take a look at the services it is providing and possibly make some restrictions. Perhaps some of the services should be paid for or the contractors should get their own dumpster. First Selectman Klein noted the Board would take their advice under advisement and have a discussion about it. He further noted he has been at the transfer station and would be very much against restricting bulky waste to one week a month. First Selectman Klein suggested PAYT give him the license numbers of those who are abusing the service and he will contact them. The use of stickers was briefly reviewed. Ms. Perry asked if there was money in the budget for stickers. There was discussion about whether employees are enforcing the use of stickers. Selectman Dudek noted budget deliberations are coming up and there is committee support for the stickers. First Selectman Klein noted he has spent a lot of time at the transfer station and they are very busy and do a good job. Ms. Perry noted they have spent a lot of time at the transfer station and don’t see the production that Mr. Klein does. Mr. Board noted this is a problem of enforcement. The system is working okay. Both Selectmen Sipples and Dudek agreed this was a problem of enforcement. Mr. Klein noted he hasn’t given it that much thought and didn’t have an answer. The issue of items disappearing from the metal bin was discussed. Selectman Dudek suggested using Calamaris in Essex rather than Metal Management.
Selectman Sipples asked about the status of the Town Foreman. It was decided that will be discussed in Executive Session at the March 12th meeting.
7. New Business
1. Revised Bidding Procedures Presentation – discussed under Visitors.
2. BOS Approval of Extrememan Triathion 9/23/07
First Selectman Klein read the letter regarding the Extrememan Triathion for 9/23/07 requesting town permit for use of town roads. Selectman Dudek asked who would be responsible for emergency care, insurance and town liability. First Selectman Klein noted he would investigate this matter further.
8. MK Announcements
Mr. Klein noted there is a Town Meeting on 2/28/07 at which time 3 items will be taken up per the posted notice.
Mr. Klein noted the contract with Cardinal Engineering for the Reservoir Road Bridge will be signed on March 2nd at the Town Hall.
Mr. Klein noted there are 3 transformers at the Bosco property that are being removed. There is also an individual who is interested in purchasing the property. Bond counsel will discuss this matter with the IRS to see if anything can be done.
Mr. Klein noted things are moving along with Route 81 and Green Hill Road realignment. Bids are due on March 5th.
Mr. Klein indicated there are a couple of snags with the Burr Hill Road project having to do with the watershed. The State has a preservation group doing archeological work.
Mr. Klein noted the Town will be getting on the school’s medical insurance.
Mr. Klein gave an update on the Region 17 traffic issue at the new Middle School on Route 81. Traffic control will be starting tomorrow. Another State Trooper has been added in next year’s budget for a half day.
9. Selectmen’s Concerns
Selectman Sipples noted Region 17 should offer to pay for the traffic light at the new Middle School.
Selectman Sipples briefly reviewed the Town Meeting for 2/28/07 regarding the Open Space Grant Agreement. He noted this was a big issue that Park & Recreation have been working on for some time. Mr. Sipples asked First Selectman Klein what the procedure would be for that meeting. Mr. Klein noted Park & Recreation will be answering any questions. Selectman Sipples asked what happens if it is rejected. Mr. Klein noted then the Town goes back to the drawing board. Selectman Dudek noted Park & Rec was to come back to the Selectmen with engineering figures. Use of the $500,000 was discussed. Mr. Klein noted it would be used prudently.
10. Adjournment
Motion by Klein, second by Dudek, to adjourn at 9:00 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
<< Home