May 14, 2007 - Regular
1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, May 14, 2007, 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.
Motion by Dudek, second by Sipples, to move Old Business Agenda Item 7 – Re-opening of Lovers Lane as the first order of business. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
6. Old Business
7. Re-opening of Lovers Lane
Lou Annino Sr. and Andy Annino were present. Lou Annino indicated he hoped the Selectmen would vote this evening to re-open Lovers Lane. He noted people on the upper side have had trouble with their wells. The State has diligently been removing beaver debris which has caused a lot of this. He also noted none of the beaver issue got into the Environmental Review Study which he thought was useless. He felt the biggest part of the problem is not the road sinking, it's the animals. If the Town paid more attention and put a few dollars a year into that road, it would be fine for 9 or 10 months of the year. That has not occurred and the road has been closed all winter. The road could have been opened last week.
First Selectman Klein noted he is waiting for Howard Pfrommer from Jacobson & Associates to give their recommendation to be brought before the Board of Selectmen. If the Board of Selectmen decide to accept the town engineer's recommendation, then it must go before the Wetlands Commission and then Town Meeting.
Jere Adametz noted it was mentioned at a Town Meeting last week that the Route 81 soil being removed was going to be stockpiled on Town property and used for topsoil. He asked if that soil has been tested. Mr. Adametz noted it has always been said the soil on Lovers Lane has been polluted from cars, but there are 4 times the amount of cars on Route 81 and he felt that soil should be tested before use as topsoil. He reiterated that area of Route 81 has a large body of water running through a swamp and it should be tested.
Selectman Sipples noted the Board of Selectmen have never discussed the Environmental Review Team Report which listed pros and cons of a variety of options, but there was no comprehensive directive. He felt there was one thing missing from the report that he thought was key and that was test borings. Sipples suggested test borings should be done at both Lovers Lane and Route 81 in order to compare the results.
John Himmelman noted the main thrust of having the ERT report was to get the test borings and everything was done except that. They are still waiting for those test borings to be done. First Selectman Klein noted C. Jefferson has been in touch with them as well as people from UCONN to get this done, but nothing has been done yet.
Selectman Sipples noted the Town should be doing business as usual until something conclusive is received to the contrary. Selectman Dudek agreed. Sipples noted he was prepared to vote on this issue this evening. He visited the site yesterday and last week and agreed with Mr. Annino there is a minimal amount of water on the road. He was included to open Lovers Lane unless there is a major rain and it becomes unsafe to travel.
First Selectman Klein noted he had a concern about constantly opening and closing the road. If it is opened and there is a major storm event in a few days, it will be closed again. He indicated if the road is opened at this time, he would like specific instructions as to how to proceed. Selectman Dudek noted this is already on record from last year and that unless it was a very unsafe condition, the road would remain open.
Selectman Dudek noted the State is using liquid salt on Route 148, a parallel road, and the ERT report doesn't address the surrounding area. He further noted the ground rules have already been laid down (Board of Selectmen Minutes from last year just about this same time) and that in the spring time and the road was dry, it should be opened.
There was discussion about the additional traffic from the new school at the intersection and traffic issues created by the Route 81 work at Chittenden Road.
Selectman Dudek noted he didn't see the need for another motion. This has already been discussed. Direction has been given to Walter Adametz that he has the authority to shut the road down if he feels it is an unsafe condition. Selectman Sipples noted it was probably mid to late summer last year when this was discussed and voted on.
First Selectman Klein voiced his concerns. 1) the water is washing on the underside of the cars (that is not happening on Route 81). 2) egress on either side is very dangerous. 3) town counsel is of the opinion that Lovers Lane is a defective road and if something should occur, the town is leaving itself wide open to liability. Selectman Dudek noted he does not recall any serious accident that the Fire Company has responded to at either intersection. Any Lovers Lane accident has been on Route 81 and has been related to speed and not negotiating the corner.
Lou Annino thanked the Board for its attention.
2. Approval of Minutes – April 23, 2007 and May 3, 2007 Special Meeting
Motion by Sipples to approve April 23, 2007 Minutes as written. Voting in favor – Sipples, Klein. Opposed – none. Abstained – Dudek. Motion Carried.
Motion by Sipples, second by Dudek, to approve May 3, 2007 Minutes as written. Voting in favor – Klein, Sipples, Dudek. Opposed – none. Motion Carried.
3. Visitors – none.
4. Tax Abatements & Refunds – none.
5. Appointments/Vacancies
First Selectman Klein noted there are several vacancies on the Inland Wetlands & Watercourses Commission, Board of Assessment Appeals, Zoning Board of Appeals and the Town Office Building Study Committee. He indicated the Town Committees have not responded to date. They have 45 days.
6. Old Business
1. Approve Call of Town Meeting (revised)
Motion by Sipples, second by Klein, to approve revised Call of Town Meeting (attorneys fees went from $50,000 to $40,000). Voting in favor – Sipples, Klein, Dudek. Opposed – none. Motion Carried.
2. Emergency Generator KES – Award of Bid
Don McDougall noted he checked to see if there was anyone else available to bid on this work. He came up with one more name that may or may not be interested. He recommended going with SNS Electric for a bid in the amount of $17,377. He indicated there is $21,572 available in the 2005 Grant available. The Town will pay for it and Homeland Security will reimburse the Town. It was noted this price included $3,000 +/- for an automatic transfer switch. Motion by Sipples, second by Klein, to award the bid for the 100kw generator at Killingworth Elementary School to SNS Electric, Stonington, CT in the amount of $17,377.00. Voting in favor – Sipples, Klein, Dudek. Opposed – none. Motion Carried. It was noted this will be done right after school gets out in June as it requires that the school be shut down.
3. Establish Charter Review Commission
Selectman Dudek noted he felt this was not the time to establish this Committee. The incoming Board of Selectmen should appoint the Committee in January with the rest of the appointments. He indicated he would be against appointing a Charter Review Committee now. The new Board of Selectmen should do this.
Selectman Dudek also felt this Board of Selectmen should work together on the bidding procedures policy through Ordinance, and the First Selectman's eligibility for benefits, entitlements and job expectations. There is no one better than this Board to do that.
First Selectman Klein noted none of the recommendations of the previous CRC were adopted. Selectman Sipples pointed out the Board of Selectmen were told they had to adopt all or none of the recommendations and it has since been determined that is not correct.
First Selectman Klein noted he felt the nine people he has come up with should be given the opportunity to work on this. The Board of Selectmen have enough on their plate and a little gun shy about the Board of Selectmen writing part of the Charter.
Selectman Dudek noted that was not the goal. It would be to rework an existing regulation (bidding procedures) and changing it to an Ordinance. There is also an issue with the Affordable Housing Regulation which has just been brought forth.
Selectman Dudek noted he would like to see a Charter Revision Committee voted on at a municipal election rather than a presidential election, and that the two items (bidding procedures and First Selectman's eligibility for benefits and job expectations) should be tackled by the Board of Selectmen.
First Selectman Klein felt this would overload the Board of Selectmen and require additional Special Meetings.
Motion by Dudek, second by Sipples, that the Board of Selectmen work on two major items – 1) bidding procedure to be followed by the Board of Selectmen and Town of Killingworth, and 2) First Selectman eligibility for benefits and job expectations. Voting in favor – Dudek, Sipples. Opposed – Klein. Motion Carried.
Motion by Sipples, second by Dudek, to table the establishment of the Charter Review Committee at this time until December 2007. Voting in favor – Sipples, Dudek. Opposed – Klein. Motion Carried.
4. Appoint Members to Charter Review Commission - no discussion.
5. Septic Lagoon Closure - Update
First Selectman Klein noted the pumping will be done tomorrow morning. DEP has given their approval. Insurance and surety bond are in place.
6. Multi-Year Capital Improvement Plan
The previous 2005 Five Year Plan was reviewed. Gina Regolo noted the only item that remains on that list is Alders Bridge Road. Burr Hill needs to get into the five year plan. Ms. Regolo gave a brief history of the events that have transpired in an attempt to update the five year plan. She indicated on March 2nd, the Selectmen should have received the 2007 guidelines which are still in effect. It was noted Burr Hill and Green Hill were tagged as LOCIP projects. First Selectman Klein noted Burr Hill will be a big project. There was discussion regarding work needed at the Library. It is very clear in the License Agreement who is responsible for what. The Library is responsible for interior work and the Town is responsible for exterior work.
Selectman Dudek asked if there would be a LOCIP Plan and a Five Year Capital Plan, or will there be one Plan with certain projects. Ms. Regolo noted there should be a rolling Five Year Capital Plan that is looked at every year. First Selectman Klein noted there should be a Five Year Capital Plan with some items falling under LOCIP and some items will not.
It was noted Reservoir Road is out of LOCIP. Paving of Alders Bridge Road was reviewed, but it is not a priority. Green Hill Road and Route 81 is the priority at this time.
Gina Regolo reviewed the items eligible for LOCIP funds. Selectman Dudek noted other than the Town Hall, it's mainly roads for LOCIP funds. For LOCIP, there is a potential for the Wettish property, Alders Bridge Road and Green Hill Road/Route 81 intersection. Lovers Lane is still in there too. Gina Regolo will prepare an updated Five Year Capital Improvement Plan (identifying the LOCIP projects) and this will be on the Agenda at the next meeting for approval.
7. New Business
1. Wettish Property House
First Selectman Klein noted there have been some minor vandalism problems. Does the Town want to keep it or give it to the Fire Department? It was noted Town Counsel should look at this and there should be a response from Wettish before any decisions are made regarding this matter.
8. MK Announcements
First Selectman Klein noted the Green Hill/Route 81 project should start by June 25th. Before the project starts, there is a very large tree that will have to come down with the use of a crane.
First Selectman Klein noted there is a meeting on Wednesday night regarding Reservoir Road Bridge with the Committee and Cardinal Engineering. The hydrology has been done and hopefully a determination will be done as to whether it can be sleeved or go with Federal funding. Klein noted it was his opinion the Town go with the Federal program as this is such a sensitive area and the Federal Government will pay 80 percent. If the hydrology indicates the project cannot be sleeved, then the Town should not do the project itself, but go with the Federal program.
9. Selectmen's Concerns
Selectman Dudek asked about bids for the custodians. First Selectman Klein noted there has been no bidding yet for the custodians. It was noted the job description should probably be rewritten. Dudek noted he would be happy to review the job description with Gina with Selectmen Klein and Sipples permission. It was agreed that would be okay.
Selectman Sipples noted the Highway Foreman's Position has been advertised and the deadline is May 18th. He asked what the time line would be for addressing this issue. Would this be discussed at the next Selectmen's meeting? Selectman Dudek noted he would like to see the resumes prior to the meeting and then discuss it in Executive Session at the next meeting. Selectman Sipples noted if there was general discussion as to salary structure, etc. that would not be Executive Session. Discussion regarding individuals would be appropriate for Executive Session. Selectman Sipples asked First Selectman Klein if there has been any feedback from the Union as to whether or not this position could be removed from the Union. Selectman Dudek noted if that position cannot be removed from the Union, then that changes the flavor of the job. That position either has to be managerial or labor; it can't be both.
Selectman Sipples asked if there was a Special Board of Selectmen's Meeting scheduled for May 30th. First Selectman Klein replied yes. It was agreed the subject for discussion at that meeting would be how to administer the plan.
Selectman Sipples noted he read there would not be a Town Picnic this year and asked if that was true. It was noted there is a problem with volunteers and last year there were security issues.
Selectman Sipples noted he read on the Killingworth Today website there was a Freedom of Information complaint about action taken at the last Board of Selectmen meeting. First Selectman Klein stated he did not think this should be discussed as it is not on the agenda and the letter from the Freedom of Information Commission has not been received yet.
10. Adjournment
Motion by Klein, second by Dudek, to adjourn at 8:23 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
The Killingworth Board of Selectmen held its regular meeting on Monday, May 14, 2007, 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.
Motion by Dudek, second by Sipples, to move Old Business Agenda Item 7 – Re-opening of Lovers Lane as the first order of business. Voting in favor – Dudek, Sipples, Klein. Opposed – none. Motion Carried.
6. Old Business
7. Re-opening of Lovers Lane
Lou Annino Sr. and Andy Annino were present. Lou Annino indicated he hoped the Selectmen would vote this evening to re-open Lovers Lane. He noted people on the upper side have had trouble with their wells. The State has diligently been removing beaver debris which has caused a lot of this. He also noted none of the beaver issue got into the Environmental Review Study which he thought was useless. He felt the biggest part of the problem is not the road sinking, it's the animals. If the Town paid more attention and put a few dollars a year into that road, it would be fine for 9 or 10 months of the year. That has not occurred and the road has been closed all winter. The road could have been opened last week.
First Selectman Klein noted he is waiting for Howard Pfrommer from Jacobson & Associates to give their recommendation to be brought before the Board of Selectmen. If the Board of Selectmen decide to accept the town engineer's recommendation, then it must go before the Wetlands Commission and then Town Meeting.
Jere Adametz noted it was mentioned at a Town Meeting last week that the Route 81 soil being removed was going to be stockpiled on Town property and used for topsoil. He asked if that soil has been tested. Mr. Adametz noted it has always been said the soil on Lovers Lane has been polluted from cars, but there are 4 times the amount of cars on Route 81 and he felt that soil should be tested before use as topsoil. He reiterated that area of Route 81 has a large body of water running through a swamp and it should be tested.
Selectman Sipples noted the Board of Selectmen have never discussed the Environmental Review Team Report which listed pros and cons of a variety of options, but there was no comprehensive directive. He felt there was one thing missing from the report that he thought was key and that was test borings. Sipples suggested test borings should be done at both Lovers Lane and Route 81 in order to compare the results.
John Himmelman noted the main thrust of having the ERT report was to get the test borings and everything was done except that. They are still waiting for those test borings to be done. First Selectman Klein noted C. Jefferson has been in touch with them as well as people from UCONN to get this done, but nothing has been done yet.
Selectman Sipples noted the Town should be doing business as usual until something conclusive is received to the contrary. Selectman Dudek agreed. Sipples noted he was prepared to vote on this issue this evening. He visited the site yesterday and last week and agreed with Mr. Annino there is a minimal amount of water on the road. He was included to open Lovers Lane unless there is a major rain and it becomes unsafe to travel.
First Selectman Klein noted he had a concern about constantly opening and closing the road. If it is opened and there is a major storm event in a few days, it will be closed again. He indicated if the road is opened at this time, he would like specific instructions as to how to proceed. Selectman Dudek noted this is already on record from last year and that unless it was a very unsafe condition, the road would remain open.
Selectman Dudek noted the State is using liquid salt on Route 148, a parallel road, and the ERT report doesn't address the surrounding area. He further noted the ground rules have already been laid down (Board of Selectmen Minutes from last year just about this same time) and that in the spring time and the road was dry, it should be opened.
There was discussion about the additional traffic from the new school at the intersection and traffic issues created by the Route 81 work at Chittenden Road.
Selectman Dudek noted he didn't see the need for another motion. This has already been discussed. Direction has been given to Walter Adametz that he has the authority to shut the road down if he feels it is an unsafe condition. Selectman Sipples noted it was probably mid to late summer last year when this was discussed and voted on.
First Selectman Klein voiced his concerns. 1) the water is washing on the underside of the cars (that is not happening on Route 81). 2) egress on either side is very dangerous. 3) town counsel is of the opinion that Lovers Lane is a defective road and if something should occur, the town is leaving itself wide open to liability. Selectman Dudek noted he does not recall any serious accident that the Fire Company has responded to at either intersection. Any Lovers Lane accident has been on Route 81 and has been related to speed and not negotiating the corner.
Lou Annino thanked the Board for its attention.
2. Approval of Minutes – April 23, 2007 and May 3, 2007 Special Meeting
Motion by Sipples to approve April 23, 2007 Minutes as written. Voting in favor – Sipples, Klein. Opposed – none. Abstained – Dudek. Motion Carried.
Motion by Sipples, second by Dudek, to approve May 3, 2007 Minutes as written. Voting in favor – Klein, Sipples, Dudek. Opposed – none. Motion Carried.
3. Visitors – none.
4. Tax Abatements & Refunds – none.
5. Appointments/Vacancies
First Selectman Klein noted there are several vacancies on the Inland Wetlands & Watercourses Commission, Board of Assessment Appeals, Zoning Board of Appeals and the Town Office Building Study Committee. He indicated the Town Committees have not responded to date. They have 45 days.
6. Old Business
1. Approve Call of Town Meeting (revised)
Motion by Sipples, second by Klein, to approve revised Call of Town Meeting (attorneys fees went from $50,000 to $40,000). Voting in favor – Sipples, Klein, Dudek. Opposed – none. Motion Carried.
2. Emergency Generator KES – Award of Bid
Don McDougall noted he checked to see if there was anyone else available to bid on this work. He came up with one more name that may or may not be interested. He recommended going with SNS Electric for a bid in the amount of $17,377. He indicated there is $21,572 available in the 2005 Grant available. The Town will pay for it and Homeland Security will reimburse the Town. It was noted this price included $3,000 +/- for an automatic transfer switch. Motion by Sipples, second by Klein, to award the bid for the 100kw generator at Killingworth Elementary School to SNS Electric, Stonington, CT in the amount of $17,377.00. Voting in favor – Sipples, Klein, Dudek. Opposed – none. Motion Carried. It was noted this will be done right after school gets out in June as it requires that the school be shut down.
3. Establish Charter Review Commission
Selectman Dudek noted he felt this was not the time to establish this Committee. The incoming Board of Selectmen should appoint the Committee in January with the rest of the appointments. He indicated he would be against appointing a Charter Review Committee now. The new Board of Selectmen should do this.
Selectman Dudek also felt this Board of Selectmen should work together on the bidding procedures policy through Ordinance, and the First Selectman's eligibility for benefits, entitlements and job expectations. There is no one better than this Board to do that.
First Selectman Klein noted none of the recommendations of the previous CRC were adopted. Selectman Sipples pointed out the Board of Selectmen were told they had to adopt all or none of the recommendations and it has since been determined that is not correct.
First Selectman Klein noted he felt the nine people he has come up with should be given the opportunity to work on this. The Board of Selectmen have enough on their plate and a little gun shy about the Board of Selectmen writing part of the Charter.
Selectman Dudek noted that was not the goal. It would be to rework an existing regulation (bidding procedures) and changing it to an Ordinance. There is also an issue with the Affordable Housing Regulation which has just been brought forth.
Selectman Dudek noted he would like to see a Charter Revision Committee voted on at a municipal election rather than a presidential election, and that the two items (bidding procedures and First Selectman's eligibility for benefits and job expectations) should be tackled by the Board of Selectmen.
First Selectman Klein felt this would overload the Board of Selectmen and require additional Special Meetings.
Motion by Dudek, second by Sipples, that the Board of Selectmen work on two major items – 1) bidding procedure to be followed by the Board of Selectmen and Town of Killingworth, and 2) First Selectman eligibility for benefits and job expectations. Voting in favor – Dudek, Sipples. Opposed – Klein. Motion Carried.
Motion by Sipples, second by Dudek, to table the establishment of the Charter Review Committee at this time until December 2007. Voting in favor – Sipples, Dudek. Opposed – Klein. Motion Carried.
4. Appoint Members to Charter Review Commission - no discussion.
5. Septic Lagoon Closure - Update
First Selectman Klein noted the pumping will be done tomorrow morning. DEP has given their approval. Insurance and surety bond are in place.
6. Multi-Year Capital Improvement Plan
The previous 2005 Five Year Plan was reviewed. Gina Regolo noted the only item that remains on that list is Alders Bridge Road. Burr Hill needs to get into the five year plan. Ms. Regolo gave a brief history of the events that have transpired in an attempt to update the five year plan. She indicated on March 2nd, the Selectmen should have received the 2007 guidelines which are still in effect. It was noted Burr Hill and Green Hill were tagged as LOCIP projects. First Selectman Klein noted Burr Hill will be a big project. There was discussion regarding work needed at the Library. It is very clear in the License Agreement who is responsible for what. The Library is responsible for interior work and the Town is responsible for exterior work.
Selectman Dudek asked if there would be a LOCIP Plan and a Five Year Capital Plan, or will there be one Plan with certain projects. Ms. Regolo noted there should be a rolling Five Year Capital Plan that is looked at every year. First Selectman Klein noted there should be a Five Year Capital Plan with some items falling under LOCIP and some items will not.
It was noted Reservoir Road is out of LOCIP. Paving of Alders Bridge Road was reviewed, but it is not a priority. Green Hill Road and Route 81 is the priority at this time.
Gina Regolo reviewed the items eligible for LOCIP funds. Selectman Dudek noted other than the Town Hall, it's mainly roads for LOCIP funds. For LOCIP, there is a potential for the Wettish property, Alders Bridge Road and Green Hill Road/Route 81 intersection. Lovers Lane is still in there too. Gina Regolo will prepare an updated Five Year Capital Improvement Plan (identifying the LOCIP projects) and this will be on the Agenda at the next meeting for approval.
7. New Business
1. Wettish Property House
First Selectman Klein noted there have been some minor vandalism problems. Does the Town want to keep it or give it to the Fire Department? It was noted Town Counsel should look at this and there should be a response from Wettish before any decisions are made regarding this matter.
8. MK Announcements
First Selectman Klein noted the Green Hill/Route 81 project should start by June 25th. Before the project starts, there is a very large tree that will have to come down with the use of a crane.
First Selectman Klein noted there is a meeting on Wednesday night regarding Reservoir Road Bridge with the Committee and Cardinal Engineering. The hydrology has been done and hopefully a determination will be done as to whether it can be sleeved or go with Federal funding. Klein noted it was his opinion the Town go with the Federal program as this is such a sensitive area and the Federal Government will pay 80 percent. If the hydrology indicates the project cannot be sleeved, then the Town should not do the project itself, but go with the Federal program.
9. Selectmen's Concerns
Selectman Dudek asked about bids for the custodians. First Selectman Klein noted there has been no bidding yet for the custodians. It was noted the job description should probably be rewritten. Dudek noted he would be happy to review the job description with Gina with Selectmen Klein and Sipples permission. It was agreed that would be okay.
Selectman Sipples noted the Highway Foreman's Position has been advertised and the deadline is May 18th. He asked what the time line would be for addressing this issue. Would this be discussed at the next Selectmen's meeting? Selectman Dudek noted he would like to see the resumes prior to the meeting and then discuss it in Executive Session at the next meeting. Selectman Sipples noted if there was general discussion as to salary structure, etc. that would not be Executive Session. Discussion regarding individuals would be appropriate for Executive Session. Selectman Sipples asked First Selectman Klein if there has been any feedback from the Union as to whether or not this position could be removed from the Union. Selectman Dudek noted if that position cannot be removed from the Union, then that changes the flavor of the job. That position either has to be managerial or labor; it can't be both.
Selectman Sipples asked if there was a Special Board of Selectmen's Meeting scheduled for May 30th. First Selectman Klein replied yes. It was agreed the subject for discussion at that meeting would be how to administer the plan.
Selectman Sipples noted he read there would not be a Town Picnic this year and asked if that was true. It was noted there is a problem with volunteers and last year there were security issues.
Selectman Sipples noted he read on the Killingworth Today website there was a Freedom of Information complaint about action taken at the last Board of Selectmen meeting. First Selectman Klein stated he did not think this should be discussed as it is not on the agenda and the letter from the Freedom of Information Commission has not been received yet.
10. Adjournment
Motion by Klein, second by Dudek, to adjourn at 8:23 PM. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
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