11.26.2007

Regular Meeting November 26, 2007

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, November 26, 2007, at the Killingworth Town Office Building, 323 Route 81, Killingworth. In attendance were Richard Cabral, Fred Dudek and Catherine Iino. First Selectman Cabral called the meeting to order at 7:00 PM.

The Pledge of Allegiance was recited.

2. Approval of Minutes - November 13, 2007
Motion by Dudek to approve November 13, 2007 Minutes as written. Voting in favor - Dudek. Opposed - none. Abstained - Cabral, Iino. Motion Carried.

Motion by Cabral to add under New Business 7.5 BOS Authorization for First Selectman to go to BOF to request approval of purchase of 6 Motorola UHF portable radios @ $683.13 for a total of $4,098.78 which will be reimbursed through our Homeland Security funding of $4,491.00. Voting in favor - Dudek, Cabral, Iino. Opposed - none. Motion Carried.

3. Visitors
Ed Sipples noted he wished to return to the First Selectman the copy of the Natural Hazard Mitigation Plan that he had for review.

4. Tax Abatements & Refunds
Motion by Cabral, second by Dudek, to approve tax refund to Bank of the West in the amount of $231.93 for overpayment. Voting in favor - Dudek, Cabral, Iino. Opposed - none. Motion Carried.

5. Appointments and Vacancies
1. Traffic Study Committee - W. Adametz Jr.
First Selectman Cabral noted the appointment of Walter Adametz to the Traffic Study Committee at the last meeting was illegal. He referenced Section 5-1(c) Appointments of the Town Charter regarding appointments in which the Board of Selectmen may not make any appointments during the last 14 days of their term of office. Motion by Iino, second by Dudek, to appoint Walter Adametz, Jr. to Traffic Study Committee. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

2. Land Use Committee - vacancy
First Selectman Cabral read a letter from the Town Clerk indicating Richard Cabral has resigned from the Land Use Committee effective 11/26/07. He noted 30 days in which the Republican Party can appoint is 12/26/07 and 45 days for the Board of Selectmen to appoint is 1/10/08.

3. Board of Assessment Appeals - vacancy
First Selectman Cabral read a letter from the Town Clerk indicating Louis Annino Sr. has resigned from the Board of Assessment Appeals effective 11/13/07. He noted 30 days in which the Democratic Party can appoint is 12/20/07 and 45 days for the Board of Selectmen to appoint is 1/04/08.

6. Old Business
1. BOS Authorization for First Selectman to go to BOF to request approval of Tax Abatement Ordinance for non-profit conservation organization and take to Town Meeting
First Selectman Cabral read the Tax Abatement Ordinance previously approved. He noted this was a result of Public Act 07-170 and would take effect October 1, 2007. It was pointed out this would not be retroactive. Motion by Dudek for First Selectman to go to Board of Finance to request approval of Tax Abatement Ordinance for non-profit conservation organization and take to Town Meeting. Discussion followed. Selectman Iino asked if this was for taxes already paid and if the language was correct. Selectman Dudek explained the Resolution was drawn up by the Town Attorney and this would be for taxes going forward. There are two outstanding issues currently but this would not apply to them. Voting in favor - Dudek, Cabral, Iino. Opposed - none. Motion Carried.

2. Wettish Property - Dan Colonia, Chris Kelly
Dan Colonia noted they made a presentation at the last meeting and discussed the total cost of the project which was $1.6 million and the cost for Task 2 at $40,000. Task 2 was approved at the last meeting for an amount not to exceed $40,000. However, Task 3 (irrigation system) and Task 2 must be done concurrently so an additional $10,000 is needed. Chris Kelly explained how the figure comes to $50,000. $40,000 was previously approved and an additional $10,000 needs to be added to it. First Selectman Cabral noted he was not comfortable adding an additional $10,000 to the $40,000 when it wasn't specifically announced on the Agenda. If it's not on the Agenda, it doesn't allow residents to come speak relative to it. Selectman Dudek noted the BOF meeting to be held on 12/10 is a special meeting so all items must be listed on their agenda in order to be considered. He also pointed out that this still has to go to Town Meeting for approval and residents have the opportunity to speak at that time either for or against. Motion by Dudek, second by Iino, to change the $40,000 for Park & Recreation Commission (motion made at the last meeting) to add necessary portions of Task 3 to the already approved Task 2 for an amount not to exceed $50,000. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried. Motion by Dudek, second by Iino, to authorize First Selectman to go to Board of Finance to request an amount not to exceed $50,000 relative to design of Wettish property for Task 2 and portions of Task 3. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

7. New Business
1. Approval of Call of Town Meeting for December 13, 2007
Motion by Dudek, second by Iino, to approve the Call of the Special Town Meeting for December 13, 2007 consisting of six items as presented. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

2. Appoint Alternate First Selectman Designee in absence of First Selectman
First Selectman Cabral referenced Section 6-2(a) of the Town Charter regarding Board of Selectmen, Procedure/General Policy. Motion by Cabral, second by Iino, to nominate Fred Dudek as Acting First Selectman in the absence of the First Selectman. Voting in favor - Cabral, Iino. Opposed - none. Abstained - Dudek. Motion Carried.

3. Preliminary Discussion of BOS Meeting Dates and Times
First Selectman Cabral referenced Section 6-2(a) of the Town Charter regarding fixing the time and place of regular meetings of the Board of Selectmen. It was noted there needs to be a change in the Charter as there is always a meeting in between municipal elections and the first meeting of the new administration and the Charter states the meeting time and place should be fixed at the meeting following Elections. First Selectman Cabral noted he was proposing a change to have the first meeting of the month on Mondays at 7:00 PM and the second meeting on Mondays at 9:00 AM. Motion by Dudek that the Board of Selectmen approve the Board of Selectmen's 2008 Meeting Schedule as prepared and submitted by First Selectman Cabral. Discussion followed. Some members of the public felt this may not be a good idea as the majority of residents work during the day and cannot attend day time meetings. It was decided to try it and see what happens. Voting in favor - Dudek, Cabral, Iino. Opposed - none. Motion Carried.

4. PAYT Committee
Amy Roberts Perry noted there is a new processing plant for bulky waste in Deep River. Their cost is $82 per ton as opposed to the current $85 per ton in North Branford. The Committee feels the Town could save between $200 and $400 a month by switching to Deep River. She asked the Board of Selectmen look into this to see if it would be feasible to do. It was noted there are Electronic Collections and Hazardous Waste Collections throughout the year sponsored by CRERPA that are different than bulky waste. Ms. Perry also noted the Committee has recommended new transfer station stickers every two years which will be January 2008. She asked the Board to review this matter so it can be finalized in December and ready for January. First Selectman Cabral the Board of Selectmen will report at the December 10th meeting as to the printing of the brochure and the issuance of the stickers.

5. BOS Authorization for First Selectman to go to BOF to request approval of purchase of 6 Motorola UHF portable radios @ $683.13 for a total of $4,098.78 which will be reimbursed through our Homeland Security funding of $4,491.00
First Selectman Cabral noted Homeland Security has already agreed to pay for the radios. There is a Memorandum of Understanding between the State of Connecticut and the Department of Emergency Management in the Town of Killingworth. Motion by Dudek, second by Iino, for BOS Authorization for First Selectman to go to BOF to request approval of the purchase of 6 Motorola UHF Portable Radios @ $683.13 for a total of $4,098.78 which will be reimbursed through Homeland Security funding of $4,491.00. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

8. RJC Announcements
First Selectman Cabral reviewed meeting decorum. He noted he would like to see Visitors Comments at the start of the meeting for comments on any part of the Agenda for that meeting. Then he proposed Visitors Comments at the end of the meeting which would be of a general nature. He also noted there would be no comments from visitors concerning matters on the Agenda during the meeting unless it is from a Town Elected Official or the Director of Finance and has been requested. Selectperson Iino felt there should be some flexibility in this policy. As an example, she pointed out the public was not aware of the change in the meeting schedule and therefore would not have an opportunity to comment on it at the beginning of the meeting. Mike Board also felt there should be some flexibility. It was felt there could be flexibility in the Chair to recognize someone if he felt it was necessary. Lou Annino stated he was glad the Chair would be taking control of the meetings. Rick Albrecht noted his only concern was that a visitor carry on a lengthy discussion about something not really relevant to the Agenda Item or a pending vote. First Selectman Cabral noted the Chair would have the flexibility to stop any such discussion by saying it was out of order. Mr. Cabral then explained "point of personal privilege" and how that works. If there is a motion and a second, then the Board would vote on it to see whether the discussion should continue. Peg Scofield asked if there could be more detail on the Agenda items so the public has an item what is going to be discussed. First Selectman Cabral noted this point was well taken. Mike Board noted it comes down to the fact the First Selectman needs to control the meeting. Peter Venuti noted there was input just now from 6 different people and he felt that public comment was a necessary thing. Selectman Dudek clarified this is a public meeting (meaning public can attend) however the public has no say whatsoever at a Board of Selectmen's meeting. Michael Young asked how one knows what is on the Agenda. It was noted the Agenda is posted at the Town Hall and on Killingworthtoday.com. Selectman Dudek noted that written comment is always welcome and any resident can call any of the 3 selectmen if there is a concern about a specific agenda item.

First Selectman Cabral noted the Board of Selectmen will be making all committee appointments on December 10th to take effect on January 1, 2008.

First Selectman Cabral noted "service is our business". He noted everyone is welcome to stop in the First Selectman's Office at any time. The Town Hall is "service to the people."

First Selectman Cabral asked if either selectmen could cover a CRRA Board of Director's meeting in Hartford on November 29, 2007 at 9:30 AM as he had a conflict. Selectperson Iino noted she would check her schedule and attend if possible.

9. Selectmen's Concerns
Selectman Dudek asked if the Board will be discussing the DOT letter dated November 19, 2007 from John Carey regarding the traffic light at the new Middle School. First Selectman Cabral noted that will be put on the Agenda.

Selectperson Iino asked if there was the possibility of holding these meetings at another location to allow for everyone to be in the room. Discussion followed. First Selectman Cabral noted he will research this and it will be discussed again at the next meeting.

Selectperson Iino brought up the subject of the FOI requirement that the selectmen are not allowed to talk to each other except during the Board of Selectmen meetings. Selectman Dudek noted it is okay for the Board to go to other meetings as a group as long as it is on the agenda as an agenda item. It was felt this was not a problem.

Visitors' Comments
Michael Young, member of Conservation Commission, noted there are a lot of beavers in Killingworth. He noted they have done a demonstration project which involves a baffle to eliminate the need to kill the beavers. He indicated it was his understanding the DOT is planning on trapping some of the juvenile beavers. Trapping doesn't work because more beavers just move in. He suggested a policy be created when there are nuisance beavers so it is reported to the Town's Conservation Commission so that a consultant can be contacted to recommend a possible solution. Liz Gode noted it is against DEP policy to relocate beavers. The baffle system costs about $300 including labor and materials. First Selectman Cabral noted he will make some phone calls to research this some more.

Mike Board noted he hasn't been to a Selectmen's meeting since January or February, but noted the selectmen this evening conducted themselves in a professional manner and did a very nice job. He felt that if the meetings were taken out of the town hall it would lessen the respect of the office and the officials. He suggested perhaps a smaller table and using the room more efficiently. He also asked that the issue of the 3 selectmen communicating outside of the meetings be revisited and explained by Town Counsel.

Amy Roberts Perry asked if the Charter Revision Committee was going to be reactivated. First Selectman Cabral replied yes and if anyone is interested, they should contact his office.

Jere Adametz noted with reference to using a smaller table, the Planning & Zoning meetings are held in this room and the entire table is used.

First Selectman Cabral thanked everyone for attending this meeting and hoped residents would continue to show interest in their Town. He noted the Town is always looking for volunteers and anyone with specific expertise should contact his office.

Rick Albrecht noted there was nothing further about the appointment of Walter Adametz as Highway Foreman. It was noted this is still being investigated as it is not clear in the Town Charter. Mike Board noted former First Selectman Klein called Attorney Mike Wells on the 15th and asked for an opinion. It was again noted the Board during the last 14 days of its term cannot make any appointments according to the Charter. Selectman Dudek noted it was his understanding this was not requested to be taken out of the Contract.

Selectman Dudek noted the Board of Selectman voted on a possible solution for Lover's Lane and this was supposed to go back to the Wetlands Commission. It was noted the Town Engineer went to a Wetlands meeting with recommendations to see if the Wetlands Commission would work with the Town for a solution, but there has been no response. There has been no feedback from the Town Engineer regarding this matter.

10. Adjournment
Motion by Dudek, second by Iino, to adjourn at 8:35 PM. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.