July 9, 2007 - Regular
1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, July 9, 2007, at the Killingworth Town Office Building. 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. Approve Minutes of June 25, 2007 and June 30, 2007
Motion by Dudek, second by Sipples, to approve June 25, 2007 Minutes amended as follows -
Page 1, under 2., should read, “Motion by Dudek, second by Klein, to approve June 12, 2007 Minutes as written. Voting in favor – Dudek, Klein. Opposed – none. Abstained – Sipples. Motion Carried.”
Page 2, 1st paragraph, 2nd sentence should read, “Lou Annino noted the State fixed Route 148...”.
Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
Motion by Sipples to approve June 30, 2007 Special Meeting Minutes as written. Voting in favor – Klein, Sipples. Opposed – none. Abstained – Dudek. Motion Carried.
3. Visitors
7. New Business
2. FOI Complaint – Michael Wells, Esq.
Town Counsel Michael Wells was present. He noted the PAYT Committee filed a recent FOI complaint regarding an illegal vote taken at the Board of Selectmen Meeting held April 23, 2007 having to do with the transfer station hours. Attorney Wells noted the transfer station hours was not on the agenda, nor do the minutes show it was added to the agenda. The Board of Selectmen failed to add the item to the agenda and immediately voted to approve the item. This is a technical violation of FOI, § 1-225. Attorney Wells noted the Board has two choices in this matter. It can defend itself before the FOI Commission, or on the agenda this evening is an item for transfer station hours and it can be considered this evening. Attorney Wells also noted the PAYT Committee violated the FOI Act in that it held a Special Meeting and voted to add an item to the agenda which was illegal. The BOS can file an action with FOI regarding this matter, but would assume it does not want to. If the BOS wish to consider the transfer station hours this evening, then the Town can notify the FOI Commission that the matter has been resolved and no further action is required.
Amy Perry, PAYT Committee member, noted her concern was that any visitor is allowed to come in and talk and this will allow the same problem to occur in the future. Attorney Wells noted Visitors is a long standing agenda item and it is not necessary. The BOS is not required to let anyone address the Board unless it specifically invites someone to address it. There is no problem with the Board listening to people bring up issues. The problem arises when this Board takes action on an issue that is not on the agenda. The Board is allowed to add an item to the agenda with a 2/3's vote and then take action on it.
Phil Stull noted the Board of Selectmen should acknowledge Attorney Wells presentation, agree to his finding and that might put this matter to rest. He determined it was a technical violation and the Board should move on. Selectman Sipples noted he agreed with Stull and this item should be dealt with this evening under New Business where it is an agenda item.
Rick Albrecht asked if everyone understood why the PAYT Committee violated § 1-225(d). It was explained the PAYT Committee was holding a Special Meeting and no other business may be added to a Special Meeting Agenda.
4. Tax Abatements & Refunds
Motion by Dudek, second by Sipples, to approve the following tax refunds – Mary and Christopher Kelly $217.00 (excess payments), Allene C. Burt $44.84 (excess payments) and John H. Coomes $6.68 (excess payments). Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
5. Appointments/Vacancies
1. ZBA Alternate – Vacancy
First Selectman Klein noted Irene DesJardins would be appointed to replace Brian Young as alternate. It was noted a letter had not been received from the Democratic Town Committee recommending this appointment. Selectman Dudek also questioned whether this would be a conflict of interest as Ms. DesJardins works in the Land Use Office at the Town Hall. This item was tabled until the next meeting.
6. Old Business
1. Transfer Station Ordinances/PAYT
Amy Roberts Perry noted the PAYT Committee did not ask to be put on the Agenda and there was no progress to report to date. This item was tabled until such time as PAYT Committee is ready to report back to the Selectmen.
2. Public Works Supervisor Position
First Selectman Klein noted he has inquired of a few towns to obtain individuals to serve on a panel and most don't have the time or anyone available. Klein suggested the BOS look at the 9 applications received and move on. Dudek noted he thought the Town would be contacting an association, not other local towns. Walter Adametz noted he would give Gina the name of a contact person at CASHO (CT Association of Supervisor and Highway Officials). It was noted Carol Gordon contacted these other towns and received negative responses.
7. New Business
1. TOB Custodial Services
Selectman Dudek noted as discussed at a previous meeting, he and Gina typed up a job description to go out to bid. A change needed to be made on the letter indicating the Invitations to Bid would be received until August 10, 2007 and read in public at the August 13, 2007 BOS Meeting. It was also noted the advertisement would be put in the “paper of record”, but there is nothing prohibiting it from being put in other papers as well. The advertisement should state that the job description can be obtained from the Town Office Building any time after the ad is in the paper.
3. Transfer Station Hours
Motion by Sipples, second by Klein, to keep the transfer station hours the same as previously voted which would be 7:00 PM on Thursdays. Discussion followed. Sipples asked if there had been any calls complaining about the transfer station not being open until 8:00 PM on Thursdays. Klein replied no. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried. Dudek noted for the record that he concurred with Attorney Wells opinion of the FOI complaint.
8. MK Announcements
First Selectman Klein noted the following items -
Two of the lagoons would be finished at the end of this week and the other two end of next week. There is a savings of $24,000 for the lagoons.
Every Wednesday morning there is meeting on the Green Hill Road Project to review progress.
Town Attorney is working on obtaining easements for the Burr Hill Road Project. The State Archaeologist Society says everything is okay. Currently waiting for Army Corps of Engineers and DEP. Klein read the complete list of items submitted to the Army Corps. Hopefully this project can be done next year.
Selectman Sipples asked to be filled in on the status of the Green Hill Road project and when the road would be closed and the detour in effect. Klein noted the project should be done in one month. They are going to start digging for the culverts tomorrow. It was noted the original plan was to excavate on one side of the road only at a time.
Chip sealing has been done. Roads have been swept and mowed.
It was noted someone from the State Dept. of Engineering will be revisiting the stop bar issue at the intersection of Routes 148 and 81 mentioned at the last meeting. They will try to move it back when they do the milling.
Road striping will be done in July.
There are few glitches here and there with affordable housing bills.
The Town of Killingworth will be hosting a Shoreline Selectmen's Meeting in the future. Senator Meyers will speak about legislative issues and Dave Gumbart will speak about the Nature Conservancy.
The Housing Partnership has been reconstituted. There will be a meeting at the Fire House for round table discussion purposes on local ordinances, etc. The chairmen of other local committees of surrounding towns have been invited. The emphasize is being put on local work force. The Partnership is trying to be as proactive is it can.
It was noted the Town Office Building Study Committee will probably be done with their charge at the end of summer or into the fall.
9. Selectmen's Concerns
Selectman Dudek thanked W. Adametz for taking care of the patch on Lovers Lane. He also noted there is a sink hole on Burr Hill. W. Adametz indicated they will be addressing that item.
Selectman Sipples inquired about the status of the work being done by the State on Route 81. Klein noted the State Engineer noted the lights have been covered but they are continuing to work with two traffic men doing traffic duty. The lights will be turned back on after Labor Day.
Sipples asked if the Board received a copy of the Planning & Zoning Commission's survey results. Dudek indicated he received a copy this evening. Stull noted the finished copy is not available yet, and there probably will be a final copy for review.
Sipples noted the Board now has a copy of the Town Engineer's letter and asked if this item could be placed on an upcoming Agenda for further discussion. Klein noted he would like to fix the road permanently and not do a patch job. He would like to make it a road to be open year round. It should be fixed right like the rest of our roads and limit the town's liability. That road could conceivably be open now for only two months.
Sipples asked if the plans for the athletic fields on the Wettish property will be forthcoming before the November Elections. Klein replied he did not know. The Commission has contacted one or two design people and they are waiting for the design to come back.
Stull noted the BOS created a Traffic Study Committee which would dissolve after a full year. He noted he believes in accountability and that Committee should report back to the Board of Selectmen.
Klein noted a letter had been received from Crosby and Cronan, LLC dated June 25, 2007 regarding the request to abandon certain town roads.
10. Adjournment
Motion by Dudek to adjourn at 8:10 PM. Voting in favor – Dudek, Klein, Sipples. Opposed – none. Motion Carried.
The Killingworth Board of Selectmen held its regular meeting on Monday, July 9, 2007, at the Killingworth Town Office Building. 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. Approve Minutes of June 25, 2007 and June 30, 2007
Motion by Dudek, second by Sipples, to approve June 25, 2007 Minutes amended as follows -
Page 1, under 2., should read, “Motion by Dudek, second by Klein, to approve June 12, 2007 Minutes as written. Voting in favor – Dudek, Klein. Opposed – none. Abstained – Sipples. Motion Carried.”
Page 2, 1st paragraph, 2nd sentence should read, “Lou Annino noted the State fixed Route 148...”.
Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
Motion by Sipples to approve June 30, 2007 Special Meeting Minutes as written. Voting in favor – Klein, Sipples. Opposed – none. Abstained – Dudek. Motion Carried.
3. Visitors
7. New Business
2. FOI Complaint – Michael Wells, Esq.
Town Counsel Michael Wells was present. He noted the PAYT Committee filed a recent FOI complaint regarding an illegal vote taken at the Board of Selectmen Meeting held April 23, 2007 having to do with the transfer station hours. Attorney Wells noted the transfer station hours was not on the agenda, nor do the minutes show it was added to the agenda. The Board of Selectmen failed to add the item to the agenda and immediately voted to approve the item. This is a technical violation of FOI, § 1-225. Attorney Wells noted the Board has two choices in this matter. It can defend itself before the FOI Commission, or on the agenda this evening is an item for transfer station hours and it can be considered this evening. Attorney Wells also noted the PAYT Committee violated the FOI Act in that it held a Special Meeting and voted to add an item to the agenda which was illegal. The BOS can file an action with FOI regarding this matter, but would assume it does not want to. If the BOS wish to consider the transfer station hours this evening, then the Town can notify the FOI Commission that the matter has been resolved and no further action is required.
Amy Perry, PAYT Committee member, noted her concern was that any visitor is allowed to come in and talk and this will allow the same problem to occur in the future. Attorney Wells noted Visitors is a long standing agenda item and it is not necessary. The BOS is not required to let anyone address the Board unless it specifically invites someone to address it. There is no problem with the Board listening to people bring up issues. The problem arises when this Board takes action on an issue that is not on the agenda. The Board is allowed to add an item to the agenda with a 2/3's vote and then take action on it.
Phil Stull noted the Board of Selectmen should acknowledge Attorney Wells presentation, agree to his finding and that might put this matter to rest. He determined it was a technical violation and the Board should move on. Selectman Sipples noted he agreed with Stull and this item should be dealt with this evening under New Business where it is an agenda item.
Rick Albrecht asked if everyone understood why the PAYT Committee violated § 1-225(d). It was explained the PAYT Committee was holding a Special Meeting and no other business may be added to a Special Meeting Agenda.
4. Tax Abatements & Refunds
Motion by Dudek, second by Sipples, to approve the following tax refunds – Mary and Christopher Kelly $217.00 (excess payments), Allene C. Burt $44.84 (excess payments) and John H. Coomes $6.68 (excess payments). Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried.
5. Appointments/Vacancies
1. ZBA Alternate – Vacancy
First Selectman Klein noted Irene DesJardins would be appointed to replace Brian Young as alternate. It was noted a letter had not been received from the Democratic Town Committee recommending this appointment. Selectman Dudek also questioned whether this would be a conflict of interest as Ms. DesJardins works in the Land Use Office at the Town Hall. This item was tabled until the next meeting.
6. Old Business
1. Transfer Station Ordinances/PAYT
Amy Roberts Perry noted the PAYT Committee did not ask to be put on the Agenda and there was no progress to report to date. This item was tabled until such time as PAYT Committee is ready to report back to the Selectmen.
2. Public Works Supervisor Position
First Selectman Klein noted he has inquired of a few towns to obtain individuals to serve on a panel and most don't have the time or anyone available. Klein suggested the BOS look at the 9 applications received and move on. Dudek noted he thought the Town would be contacting an association, not other local towns. Walter Adametz noted he would give Gina the name of a contact person at CASHO (CT Association of Supervisor and Highway Officials). It was noted Carol Gordon contacted these other towns and received negative responses.
7. New Business
1. TOB Custodial Services
Selectman Dudek noted as discussed at a previous meeting, he and Gina typed up a job description to go out to bid. A change needed to be made on the letter indicating the Invitations to Bid would be received until August 10, 2007 and read in public at the August 13, 2007 BOS Meeting. It was also noted the advertisement would be put in the “paper of record”, but there is nothing prohibiting it from being put in other papers as well. The advertisement should state that the job description can be obtained from the Town Office Building any time after the ad is in the paper.
3. Transfer Station Hours
Motion by Sipples, second by Klein, to keep the transfer station hours the same as previously voted which would be 7:00 PM on Thursdays. Discussion followed. Sipples asked if there had been any calls complaining about the transfer station not being open until 8:00 PM on Thursdays. Klein replied no. Voting in favor – Klein, Dudek, Sipples. Opposed – none. Motion Carried. Dudek noted for the record that he concurred with Attorney Wells opinion of the FOI complaint.
8. MK Announcements
First Selectman Klein noted the following items -
Two of the lagoons would be finished at the end of this week and the other two end of next week. There is a savings of $24,000 for the lagoons.
Every Wednesday morning there is meeting on the Green Hill Road Project to review progress.
Town Attorney is working on obtaining easements for the Burr Hill Road Project. The State Archaeologist Society says everything is okay. Currently waiting for Army Corps of Engineers and DEP. Klein read the complete list of items submitted to the Army Corps. Hopefully this project can be done next year.
Selectman Sipples asked to be filled in on the status of the Green Hill Road project and when the road would be closed and the detour in effect. Klein noted the project should be done in one month. They are going to start digging for the culverts tomorrow. It was noted the original plan was to excavate on one side of the road only at a time.
Chip sealing has been done. Roads have been swept and mowed.
It was noted someone from the State Dept. of Engineering will be revisiting the stop bar issue at the intersection of Routes 148 and 81 mentioned at the last meeting. They will try to move it back when they do the milling.
Road striping will be done in July.
There are few glitches here and there with affordable housing bills.
The Town of Killingworth will be hosting a Shoreline Selectmen's Meeting in the future. Senator Meyers will speak about legislative issues and Dave Gumbart will speak about the Nature Conservancy.
The Housing Partnership has been reconstituted. There will be a meeting at the Fire House for round table discussion purposes on local ordinances, etc. The chairmen of other local committees of surrounding towns have been invited. The emphasize is being put on local work force. The Partnership is trying to be as proactive is it can.
It was noted the Town Office Building Study Committee will probably be done with their charge at the end of summer or into the fall.
9. Selectmen's Concerns
Selectman Dudek thanked W. Adametz for taking care of the patch on Lovers Lane. He also noted there is a sink hole on Burr Hill. W. Adametz indicated they will be addressing that item.
Selectman Sipples inquired about the status of the work being done by the State on Route 81. Klein noted the State Engineer noted the lights have been covered but they are continuing to work with two traffic men doing traffic duty. The lights will be turned back on after Labor Day.
Sipples asked if the Board received a copy of the Planning & Zoning Commission's survey results. Dudek indicated he received a copy this evening. Stull noted the finished copy is not available yet, and there probably will be a final copy for review.
Sipples noted the Board now has a copy of the Town Engineer's letter and asked if this item could be placed on an upcoming Agenda for further discussion. Klein noted he would like to fix the road permanently and not do a patch job. He would like to make it a road to be open year round. It should be fixed right like the rest of our roads and limit the town's liability. That road could conceivably be open now for only two months.
Sipples asked if the plans for the athletic fields on the Wettish property will be forthcoming before the November Elections. Klein replied he did not know. The Commission has contacted one or two design people and they are waiting for the design to come back.
Stull noted the BOS created a Traffic Study Committee which would dissolve after a full year. He noted he believes in accountability and that Committee should report back to the Board of Selectmen.
Klein noted a letter had been received from Crosby and Cronan, LLC dated June 25, 2007 regarding the request to abandon certain town roads.
10. Adjournment
Motion by Dudek to adjourn at 8:10 PM. Voting in favor – Dudek, Klein, Sipples. Opposed – none. Motion Carried.
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