August 27, 2007
1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, August 27, 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. Several town residents were also present. First Selectman Klein called the meeting to order at 7:00 PM.
2. Approval of August 13, 2007 Minutes
Motion by Sipples, second by Klein, to approve August 13, 2007 Minutes as written. Voting in favor - Klein, Sipples, Dudek. Opposed - none. Motion Carried.
It was noted the August 22, 2007 Minutes would be reviewed at the next meeting.
3. Visitors
Louis Annino Sr. noted the Town Office Building Study Committee would be submitting their report soon. He also noted part of that Committee's charge was to look at the Bosco property. He asked why the carriage shed had been demolished. Selectman Sipples stated he had no knowledge of that and it was never discussed by this Board. First Selectman Klein state in his opinion it was a danger. It was wide open and people could go in there at any time. Mr. Annino noted there were knowledgeable people in Town about old buildings and they were concerned the carriage shed was an historical building. The TOBSC was concerned that an historical artifact has been demolished. First Selectman Klein also noted a neighbor had complained about vandals around the pool, so the pool has been filled in.
Peg Scofield noted Killingworth Today and Killingworth Krier are putting together a challenge for Killingworth residents called the "Drive the Limit Challenge" for September 10th encouraging all residents to drive within the posted speed limit. She urged the Board of Selectmen to endorse this challenge as a step toward positive dialogue. First Selectman Klein noted he was not in disagreement but suggested this be done in conjunction with the Traffic Study Committee. Board members agreed to take this up under New Business.
Jere Adametz noted the Town recently painted yellow lines on Alders Bridge Road. He reviewed the distances from the center line to the sides of the road in the area of the dirt part and the paved section. He noted cars going around the curve are driving on the shoulder which isn't paved. He asked that someone check this as cars will be driving on the wrong side of the road when it snows. First Selectman Klein thanked Mr. Adametz for pointing this out noting this will be looked at by the Town Engineer.
4. Tax Abatements and Refunds
Motion by Dudek to approve tax refunds as reviewed and copy attached to these Minutes. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.
5. Appointments/Vacancies
It was noted Wayne Addy has resigned from the Inland Wetlands & Watercourses Commission. Mr. Addy was an unaffiliate. No one has come forward to be appointed.
6. Old Business
1. Lover's Lane
Howard Pfrommer from Jacobson & Associates (Town Engineer) was present to give a presentation on the choices for Lover's Lane. Mr. Pfrommer reviewed his letter to the First Selectman in May 2007 outlining the five options that were previously put before the former selectmen. He noted Lover's Lane has been an issue for the Town for many years. In 2000, a geotechnical study was done and it was found there is a peat organic material under the western 1000 linear feet of the road about 10 feet thick. This material is any where from 10 feet to 36 feet below the ground and over time is displacing rather than consolidating. Five options - 1) close the road permanently, 2) continue to open and close road as the Town has been doing, 3) install maintenance culvert pipes (Pfrommer reviewed the existing pipes (4 or 5 4" pipes) and pipes (7 two foot diameter pipes) that were proposed in 2005, but the 2005 proposal was ultimately withdrawn from the Inland Wetlands Commission). There was discussion regarding the proposal for installation of the 7 pipes and how long they would last. 4) putting a small bridge or culvert where the existing 4" diameter pipe culverts are. 5) putting a 1,000 foot long bridge the entire length of the peat bog. Mr. Pfrommer noted there are sight line issues at both ends of the roadway that should be considered. He indicated there is funding available through the Connecticut River Estuary Regional Planning Agency if the road is classified as a "collector" roadway. This program would provide 80 percent of the cost. There was discussion about how the State corrected the same situation on Route 148 just around the corner. Selectman Dudek asked whether the Inland Wetlands Commission has the authority to stop the Board of Selectmen from making improvements to the road. The last Board of Selectmen chose Option 3 and later it was withdrawn because of opposition from the Wetlands Commission. Selectman Dudek noted nothing has been done with the road for the last several years. First Selectman Klein suggested going to the Wetlands Commission with the option of putting in the 7 two foot diameter pipes and guardrails and perhaps that would be good for the next 20 years. Selectman Dudek noted that goes back to his original question as to what authority does the Wetlands Commission have over the Board of Selectmen if there is a safety issue on a Town road. Attorney Wells noted the Town is subject to Inland Wetlands Regulations and any significant activity in a wetlands or review area, it requires a permit. If they refuse the permit, the work does not get done. Attorney Wells further noted the Wetlands Commission has the authority to issue a Cease & Desist Order to the Town to stop using the road. First Selectman Klein briefly reviewed the situation where he, as the First Selectman, withdrew the application from the Wetlands Commission. Selectman Dudek noted the Board was never apprised of that fact. He felt this was the same kind of an issue as was noted earlier in this meeting with the carriage shed that was removed from the Bosco property. Dudek noted this is the same kind of safety issue and felt something needs to be done with the road. Selectman Sipples reviewed a recent issue with a vernal pool on the Wettish property and the fact the Wetlands Commission said this can't be altered even though it was manmade. Selectman Sipples asked Mr. Pfrommer what the possible sixth option was in his report as suggested by the Town's Department of Public Works. Mr. Pfrommer noted the sixth option would be similar to Option #4, perhaps a short timber bridge sitting on a couple of bearing plates basically right on the roadway. There are a couple of sections of the roadway that are stable. Mr. Pfrommer indicated he didn't really present that as an option because he had a concern of how does one secure that bridge from sliding off the road from vibration of vehicles and ice getting underneath it. That bridge would have to have a proper foundation. Selectman Dudek noted that option was approved by the Boards of Selectmen and Finance and was rejected at a Town Meeting under former First Selectman LaVesseur. W. Adametz noted after that a trench was cut and the water table dropped 10" at the culvert proving that the road was acting as a dam. At that time the Town received a Cease & Desist Order and thereafter the application was put forth for the 4" pipes which is currently there. Selectman Dudek noted he was still in favor of Option #3 of maintenance work. This would not entail an extraordinary amount of dollars to keep the road open. It was decided to figure out what needs to be done to get the Wetlands Commission on board to fix Lover's Lane. There was a brief discussion on how much money has been spent in the last several years on Lover's Lane. Selectman Dudek noted nothing has been done on that road for the last 14 years other than fix a few pot holes. It was agreed Mr. Pfrommer would research this further and speak with Cathie Jefferson to see what can be done.
2. CT Water Company
Selectman Dudek asked if this item was specific to the CT Water Company or Water Companies. Attorney Wells replied Water Companies. First Selectman Klein noted Karl Kilduff, North Branford Town Manager, was also present. Attorney Wells briefly reviewed proposals First Selectman Klein has asked him to look into. He noted 40 out 50 states have severance taxes and are a major source of revenue in some states and minor source for others. Most states in the northeast do not have any severance taxes. Towns cannot impose taxes without authorization from the legislature. Attorney Wells reviewed his Memorandum, including a draft Bill to the legislature, which he submitted to the Board members. There was discussion as to whether the revenue from these extraction taxes go to the State or whether it is shared with the Towns. Selectman Dudek noted he had an issue with this and felt this would open up a pandoras box. He asked why the Town should fight for a Bill at the State's level when the State is going to get the revenue from it. Selectman Sipples noted the Water Companies could sell these properties at any time. There was discussion regarding the classifications and sale of lands by the Water Companies. First Selectman Klein noted he was going to send the Bill to Senator Meyers. Selectman Dudek stated if he does that he does it as an independent First Selectman and not under the authority of the Board of Selectmen. He was not in favor of it. Selectman Sipples noted he would read it but was not in favor of doing anything this evening with it.
7. New Business
2. Discussion Re Vendor Ordinance
Attorney Wells reviewed a similar Ordinance from Westbrook. There is currently no Ordinance on the books in Killingworth for regulating vendors. Attorney Wells reviewed the difference between "door to door" and "permanent location." A permanent location would be subject to Zoning Regulations. This Ordinance is geared more to "door to door" vendors and has been adopted in a number of towns. Wells noted this would not include those going "door to door" for religious or missionary purposes as this would be a First Amendment issue. Attorney Wells noted there is also the issue of food service inspection.
1. Discussion Re Blight Ordinance
First Selectman Klein noted there were a couple of recent situations in Town that have been a problem and if the Town had a blight ordinance then someone could have been called in to deal with it. Attorney Wells noted his draft was a model ordinance and suggested an ad hoc committee be established made up of members of the community and zoning to come up with something that might be appropriate for the Town of Killingworth. W. Adametz noted he as a private individual has serious issues with a blight ordinance because blight is in the eyes of the beholder. This could trigger problems with neighbors who don't get along. There are currently appropriate local and state officials that can deal with these problems and this will open a pandoras box.
6. Old Business
3. Custodial Services - Award of Bid
Selectman Dudek noted there were 4 bids that were reviewed by himself and Gina Regolo. He reviewed those 4 bids and what the services entailed. There was a question as to whether a long term contract would be required. Selectman Dudek noted none of the bidders required a long term contract. Attorney Wells would be able to provide a termination clause in the event of unsatisfactory performance of work. It was decided to send all four bids to Attorney Wells for review and award the bid at the next meeting.
4. Tibbals Bridge Rd/Jay Dowd Rd.
It was decided to wait until there are other items for a Town Meeting to set the date for the Town Meeting to approve the Tibbals Bridge Rd/Jay Dowd Rd matter.
Motion by Dudek, second by Sipples, to add to the Agenda under New Business, Drive Limit Challenge. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.
5. Drive Limit Challenge
Motion by Dudek, second by Sipples, that the Board of Selectmen endorse the Drive Limit Challenge being sponsored by Killingworth Today and Killingworth Krier. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.
8. MK Announcements
First Selectman Klein reported on the following -
There has been a sight line problem at the intersection of Route 80 and Chestnut Hill Road for several years. The State will be looking at this for the next month and perhaps consider making some changes to the area when they do Route 80.
The State traffic people have also looked at the egress on both ends of Lover's Lane. It was recommended the egress on to Route 81 be cut back about 40 feet.
Still working on the traffic light for the new school. First Selectman Klein noted he has asked Senators Meyer and O'Connor to introduce legislation to put a light there.
The cost for the work at the lagoons came in right on budget. Some additional topsoil was brought in and the grass is growing.
There was a brief discussion regarding preparation of new spreadsheets for 08/09 budget.
9. Selectmen's Concerns
Selectman Dudek noted at the last meeting the Board was asked to approve a Resolution for the First Selectman to sign a Memorandum of Understanding for the Department of Homeland Security. He was not able to locate a copy of the Memorandum of Decision but did find an acceptance of the program with conditions of eligibility. He noted he was not happy with those conditions and was not in favor of approving this Resolution.
Selectman Sipples noted the Community Volunteer Dinner will take place before the next meeting. He asked if there was room to invite others who have served in the past but are not currently serving. First Selectman Klein suggested Selectman Sipples contact those 3 individuals and let Mrs. Gordon know if they are coming.
Selectman Sipples noted he received a document pertaining to the Burr Hill Road project and suggested the dates be changed in order to have funds available for the award of the bid. Discussion followed regarding this project.
Selectman Sipples noted the Board of Selectmen should discuss the results of the Planning & Zoning survey and it should be put on an upcoming meeting agenda.
Selectman Sipples asked if there has been a resolution to the recent Freedom of Information matter. It was noted the matter has been withdrawn.
W. Adametz gave a status update of the new generator at Killingworth Elementary School. It has been load tested and everything performed well.
10. Adjournment
Motion by Dudek, second by Sipples, to adjourn at 9:07 PM. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.
The Killingworth Board of Selectmen held its regular meeting on Monday, August 27, 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. Several town residents were also present. First Selectman Klein called the meeting to order at 7:00 PM.
2. Approval of August 13, 2007 Minutes
Motion by Sipples, second by Klein, to approve August 13, 2007 Minutes as written. Voting in favor - Klein, Sipples, Dudek. Opposed - none. Motion Carried.
It was noted the August 22, 2007 Minutes would be reviewed at the next meeting.
3. Visitors
Louis Annino Sr. noted the Town Office Building Study Committee would be submitting their report soon. He also noted part of that Committee's charge was to look at the Bosco property. He asked why the carriage shed had been demolished. Selectman Sipples stated he had no knowledge of that and it was never discussed by this Board. First Selectman Klein state in his opinion it was a danger. It was wide open and people could go in there at any time. Mr. Annino noted there were knowledgeable people in Town about old buildings and they were concerned the carriage shed was an historical building. The TOBSC was concerned that an historical artifact has been demolished. First Selectman Klein also noted a neighbor had complained about vandals around the pool, so the pool has been filled in.
Peg Scofield noted Killingworth Today and Killingworth Krier are putting together a challenge for Killingworth residents called the "Drive the Limit Challenge" for September 10th encouraging all residents to drive within the posted speed limit. She urged the Board of Selectmen to endorse this challenge as a step toward positive dialogue. First Selectman Klein noted he was not in disagreement but suggested this be done in conjunction with the Traffic Study Committee. Board members agreed to take this up under New Business.
Jere Adametz noted the Town recently painted yellow lines on Alders Bridge Road. He reviewed the distances from the center line to the sides of the road in the area of the dirt part and the paved section. He noted cars going around the curve are driving on the shoulder which isn't paved. He asked that someone check this as cars will be driving on the wrong side of the road when it snows. First Selectman Klein thanked Mr. Adametz for pointing this out noting this will be looked at by the Town Engineer.
4. Tax Abatements and Refunds
Motion by Dudek to approve tax refunds as reviewed and copy attached to these Minutes. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.
5. Appointments/Vacancies
It was noted Wayne Addy has resigned from the Inland Wetlands & Watercourses Commission. Mr. Addy was an unaffiliate. No one has come forward to be appointed.
6. Old Business
1. Lover's Lane
Howard Pfrommer from Jacobson & Associates (Town Engineer) was present to give a presentation on the choices for Lover's Lane. Mr. Pfrommer reviewed his letter to the First Selectman in May 2007 outlining the five options that were previously put before the former selectmen. He noted Lover's Lane has been an issue for the Town for many years. In 2000, a geotechnical study was done and it was found there is a peat organic material under the western 1000 linear feet of the road about 10 feet thick. This material is any where from 10 feet to 36 feet below the ground and over time is displacing rather than consolidating. Five options - 1) close the road permanently, 2) continue to open and close road as the Town has been doing, 3) install maintenance culvert pipes (Pfrommer reviewed the existing pipes (4 or 5 4" pipes) and pipes (7 two foot diameter pipes) that were proposed in 2005, but the 2005 proposal was ultimately withdrawn from the Inland Wetlands Commission). There was discussion regarding the proposal for installation of the 7 pipes and how long they would last. 4) putting a small bridge or culvert where the existing 4" diameter pipe culverts are. 5) putting a 1,000 foot long bridge the entire length of the peat bog. Mr. Pfrommer noted there are sight line issues at both ends of the roadway that should be considered. He indicated there is funding available through the Connecticut River Estuary Regional Planning Agency if the road is classified as a "collector" roadway. This program would provide 80 percent of the cost. There was discussion about how the State corrected the same situation on Route 148 just around the corner. Selectman Dudek asked whether the Inland Wetlands Commission has the authority to stop the Board of Selectmen from making improvements to the road. The last Board of Selectmen chose Option 3 and later it was withdrawn because of opposition from the Wetlands Commission. Selectman Dudek noted nothing has been done with the road for the last several years. First Selectman Klein suggested going to the Wetlands Commission with the option of putting in the 7 two foot diameter pipes and guardrails and perhaps that would be good for the next 20 years. Selectman Dudek noted that goes back to his original question as to what authority does the Wetlands Commission have over the Board of Selectmen if there is a safety issue on a Town road. Attorney Wells noted the Town is subject to Inland Wetlands Regulations and any significant activity in a wetlands or review area, it requires a permit. If they refuse the permit, the work does not get done. Attorney Wells further noted the Wetlands Commission has the authority to issue a Cease & Desist Order to the Town to stop using the road. First Selectman Klein briefly reviewed the situation where he, as the First Selectman, withdrew the application from the Wetlands Commission. Selectman Dudek noted the Board was never apprised of that fact. He felt this was the same kind of an issue as was noted earlier in this meeting with the carriage shed that was removed from the Bosco property. Dudek noted this is the same kind of safety issue and felt something needs to be done with the road. Selectman Sipples reviewed a recent issue with a vernal pool on the Wettish property and the fact the Wetlands Commission said this can't be altered even though it was manmade. Selectman Sipples asked Mr. Pfrommer what the possible sixth option was in his report as suggested by the Town's Department of Public Works. Mr. Pfrommer noted the sixth option would be similar to Option #4, perhaps a short timber bridge sitting on a couple of bearing plates basically right on the roadway. There are a couple of sections of the roadway that are stable. Mr. Pfrommer indicated he didn't really present that as an option because he had a concern of how does one secure that bridge from sliding off the road from vibration of vehicles and ice getting underneath it. That bridge would have to have a proper foundation. Selectman Dudek noted that option was approved by the Boards of Selectmen and Finance and was rejected at a Town Meeting under former First Selectman LaVesseur. W. Adametz noted after that a trench was cut and the water table dropped 10" at the culvert proving that the road was acting as a dam. At that time the Town received a Cease & Desist Order and thereafter the application was put forth for the 4" pipes which is currently there. Selectman Dudek noted he was still in favor of Option #3 of maintenance work. This would not entail an extraordinary amount of dollars to keep the road open. It was decided to figure out what needs to be done to get the Wetlands Commission on board to fix Lover's Lane. There was a brief discussion on how much money has been spent in the last several years on Lover's Lane. Selectman Dudek noted nothing has been done on that road for the last 14 years other than fix a few pot holes. It was agreed Mr. Pfrommer would research this further and speak with Cathie Jefferson to see what can be done.
2. CT Water Company
Selectman Dudek asked if this item was specific to the CT Water Company or Water Companies. Attorney Wells replied Water Companies. First Selectman Klein noted Karl Kilduff, North Branford Town Manager, was also present. Attorney Wells briefly reviewed proposals First Selectman Klein has asked him to look into. He noted 40 out 50 states have severance taxes and are a major source of revenue in some states and minor source for others. Most states in the northeast do not have any severance taxes. Towns cannot impose taxes without authorization from the legislature. Attorney Wells reviewed his Memorandum, including a draft Bill to the legislature, which he submitted to the Board members. There was discussion as to whether the revenue from these extraction taxes go to the State or whether it is shared with the Towns. Selectman Dudek noted he had an issue with this and felt this would open up a pandoras box. He asked why the Town should fight for a Bill at the State's level when the State is going to get the revenue from it. Selectman Sipples noted the Water Companies could sell these properties at any time. There was discussion regarding the classifications and sale of lands by the Water Companies. First Selectman Klein noted he was going to send the Bill to Senator Meyers. Selectman Dudek stated if he does that he does it as an independent First Selectman and not under the authority of the Board of Selectmen. He was not in favor of it. Selectman Sipples noted he would read it but was not in favor of doing anything this evening with it.
7. New Business
2. Discussion Re Vendor Ordinance
Attorney Wells reviewed a similar Ordinance from Westbrook. There is currently no Ordinance on the books in Killingworth for regulating vendors. Attorney Wells reviewed the difference between "door to door" and "permanent location." A permanent location would be subject to Zoning Regulations. This Ordinance is geared more to "door to door" vendors and has been adopted in a number of towns. Wells noted this would not include those going "door to door" for religious or missionary purposes as this would be a First Amendment issue. Attorney Wells noted there is also the issue of food service inspection.
1. Discussion Re Blight Ordinance
First Selectman Klein noted there were a couple of recent situations in Town that have been a problem and if the Town had a blight ordinance then someone could have been called in to deal with it. Attorney Wells noted his draft was a model ordinance and suggested an ad hoc committee be established made up of members of the community and zoning to come up with something that might be appropriate for the Town of Killingworth. W. Adametz noted he as a private individual has serious issues with a blight ordinance because blight is in the eyes of the beholder. This could trigger problems with neighbors who don't get along. There are currently appropriate local and state officials that can deal with these problems and this will open a pandoras box.
6. Old Business
3. Custodial Services - Award of Bid
Selectman Dudek noted there were 4 bids that were reviewed by himself and Gina Regolo. He reviewed those 4 bids and what the services entailed. There was a question as to whether a long term contract would be required. Selectman Dudek noted none of the bidders required a long term contract. Attorney Wells would be able to provide a termination clause in the event of unsatisfactory performance of work. It was decided to send all four bids to Attorney Wells for review and award the bid at the next meeting.
4. Tibbals Bridge Rd/Jay Dowd Rd.
It was decided to wait until there are other items for a Town Meeting to set the date for the Town Meeting to approve the Tibbals Bridge Rd/Jay Dowd Rd matter.
Motion by Dudek, second by Sipples, to add to the Agenda under New Business, Drive Limit Challenge. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.
5. Drive Limit Challenge
Motion by Dudek, second by Sipples, that the Board of Selectmen endorse the Drive Limit Challenge being sponsored by Killingworth Today and Killingworth Krier. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.
8. MK Announcements
First Selectman Klein reported on the following -
There has been a sight line problem at the intersection of Route 80 and Chestnut Hill Road for several years. The State will be looking at this for the next month and perhaps consider making some changes to the area when they do Route 80.
The State traffic people have also looked at the egress on both ends of Lover's Lane. It was recommended the egress on to Route 81 be cut back about 40 feet.
Still working on the traffic light for the new school. First Selectman Klein noted he has asked Senators Meyer and O'Connor to introduce legislation to put a light there.
The cost for the work at the lagoons came in right on budget. Some additional topsoil was brought in and the grass is growing.
There was a brief discussion regarding preparation of new spreadsheets for 08/09 budget.
9. Selectmen's Concerns
Selectman Dudek noted at the last meeting the Board was asked to approve a Resolution for the First Selectman to sign a Memorandum of Understanding for the Department of Homeland Security. He was not able to locate a copy of the Memorandum of Decision but did find an acceptance of the program with conditions of eligibility. He noted he was not happy with those conditions and was not in favor of approving this Resolution.
Selectman Sipples noted the Community Volunteer Dinner will take place before the next meeting. He asked if there was room to invite others who have served in the past but are not currently serving. First Selectman Klein suggested Selectman Sipples contact those 3 individuals and let Mrs. Gordon know if they are coming.
Selectman Sipples noted he received a document pertaining to the Burr Hill Road project and suggested the dates be changed in order to have funds available for the award of the bid. Discussion followed regarding this project.
Selectman Sipples noted the Board of Selectmen should discuss the results of the Planning & Zoning survey and it should be put on an upcoming meeting agenda.
Selectman Sipples asked if there has been a resolution to the recent Freedom of Information matter. It was noted the matter has been withdrawn.
W. Adametz gave a status update of the new generator at Killingworth Elementary School. It has been load tested and everything performed well.
10. Adjournment
Motion by Dudek, second by Sipples, to adjourn at 9:07 PM. Voting in favor - Dudek, Sipples, Klein. Opposed - none. Motion Carried.
