Regular Meeting February 25, 2008

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, February 25, 2008, at the Killingworth Town Office Building, 323 Route 81, Killingworth. In attendance were First Selectman Richard Cabral, Selectman Fred Dudek and Selectman Catherine Iino. First Selectman Cabral called the meeting to order at 9:03 AM.

2. Pledge of Allegiance
The Pledge of Allegiance was recited.

3. Approval of Minutes
Motion by Dudek, second by Iino, to approve February 11, 2008 Regular Meeting Minutes as written. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

Motion by Dudek, second by Iino, to approve February 13, 2008 Special Meeting Minutes as written. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

Motion by Iino, second by Dudek, to approve February 20, 2008 Special Meeting Minutes as written. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

Motion by Iino, second by Dudek, to approve February 21, 2008 Special Meeting Minutes as written. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

4. Visitors - Concerning Items on the Agenda - none.

5. Tax Abatements & Refunds
Motion by Dudek, second by Iino, to approve the Tax Abatement to Martha McCarthy in the amount of $124.95 (mobile home removed from park) and approve Tax Refunds as follows - Sean Sullivan $17.11, Alice Reale $40.51, Wheels LT $53.89, Janine Stoner $32.12 and Nissan Infiniti LT $130.02, all for overpayment. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

Motion by Dudek, second by Iino, to add item to New Business as 3. Restructure of Real Estate Tax Bill. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

6. Vacancies
First Selectman Cabral reviewed vacancies on Water Pollution Control Authority, Land Use and Recreation Commission.

7. Appointments
Motion by Cabral, second by Dudek, to appoint Ronald Rose as Registered Sanitarian for the term of 1/1/08 to 12/31/08. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

Motion by Cabral, second by Iino, to appoint Richard Leighton as Agent for the Director of Health for a term of 1/1/08 to 12/31/09 (2 year term in accordance with State Statute). Voting in favor - Cabral, Iino, Dudek. Opposed - none. Motion Carried.

8. Old Business - none.
9. New Business
a. Town Employee Mileage Submission
First Selectman Cabral noted the IRS has increased the mileage reimbursement to 50.5 cents per mile as of 1/1/08. In the past there has been a problem with mileage submission and he proposed a new policy that any mileage submission more than one month in arrears would not be honored. Motion by Cabral, second by Dudek, that any mileage reimbursement will not be honored if submitted more than one month in arrears, effective March 1, 2008. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

b. WPCA Draft Ordinance - The Regulation and Management of On-Site Sewage Disposal Systems
Selectman Dudek noted he attended the WPCA meeting where this Ordinance was reviewed. He indicated the WPCA was going to send this back to the Town Attorney for review. Selectman Iino has two questions - one being the clarification of "such disposal" and the second being a system of sending out notices for pump outs. First Selectman Cabral noted this Board would take no action until a response is received from the Town Attorney as to its legality. If everything is in order, it can then be approved by the Board of Selectmen and sent to Town Meeting for a vote.

c. Restructure of Real Estate Tax Bill
First Selectman Cabral noted the only restructuring is to separate the amount shown on the tax bill going to the school budget and the amount going to town government. Motion by Dudek, second by Iino, to approve the restructuring of the real estate tax bill form as recommended by the Board of Finance. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

10. RJC Announcements - none.

11. Selectmen's Concerns
There was a brief discussion regarding recent reports that CRRA has increased its fees. Selectman Dudek asked if an official letter had been received. First Selectman Cabral replied no.

12. Visitor's Comments - General
Amy Roberts Perry briefly reviewed the CRRA situation noting she didn't think opting out on the contract was viable unless some loophole can be found. CRRA will fight to get what they want until the contract is up (2012). Jere Adametz inquired why tipping fees are going up if the Hartford Landfill is being closed. It was noted the increase is to cover the landfill closure costs.

First Selectman Cabral noted residents have been coming in to get new transfer stickers.

13. Adjournment
Motion by Iino, second by Dudek, to adjourn at 9:27 AM. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

Regular Meeting February 11, 2008

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, February 11, 2008 at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were First Selectman Richard Cabral, Selectman Fred Dudek and Selectman Catherine Iino. First Selectman Cabral called the meeting to order at 7:00 PM.

2. Pledge of Allegiance
The Pledge of Allegiance was recited.

Motion by Cabral, second by Dudek, to add item under Old Business 8(d) Electrical Poles and Flashing Lights at H-K Middle School. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

3. Approval of Minutes
Motion by Iino, second by Cabral, to approve January 28, 2008 Minutes as written. Voting in favor - Iino, Cabral. Opposed - none. Abstained - Dudek. Motion Carried.

Motion by Dudek, second by Iino, to approve February 5, 2008 Minutes as written. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

4. Visitors - Concerning Items on the Agenda
Frank Cunningham noted he was present as liaison between the Board of Education and the Killingworth Board of Selectmen. He wished to address a safety issue involving 800 students attending the H-K Middle School. He indicated later on during the meeting he would address the possibility of having a traffic signal at that location. Mr. Cunningham noted Tony Bondi was at the last Board of Education meeting and stated he had received many calls and concerns about the safety of the Middle School and the flashing lights. The Town of Haddam had erected flashing lights at both the Haddam Elementary and Burr Elementary Schools and maintenance is done by the Town of Haddam. The Town of Haddam pays for the monthly cost of the flashing lights. Selectman Dudek asked who pays for the flashing lights at Killingworth Elementary. First Selectman Cabral responded the Town of Killingworth. Mr. Cunningham also noted the BOE would like to see the 35 mile an hour sign removed once the flashing lights are operational. First Selectman Cabral noted the Town of Killingworth was not concerned with the maintenance cost, but the cost of the poles and putting them up. The flashing lights were purchased by the school district. First Selectman Cabral noted a State representative was in town and reviewed the situation agreeing that once the flashing lights are operative, the 35 mile an hour sign will be removed. This will be discussed later in the meeting under the appropriate agenda item.

Louis Annino Sr. asked if it was possible to get minutes exposed to the media as soon as they are finalized. First Selectman Cabral noted minutes would be available to the media once approved at the next meeting. It was agreed a town website is needed.

5. Tax Abatements & Refunds
Motion by Dudek, second by Iino, to approve the following tax refunds - Wayne L. Goldsmith $7.99 and George & Cathy Davis $43.47, both for overpayment. Voting in favor - Dudek, Iino,

Cabral. Opposed - none. Motion Carried.

6. Vacancies
Motion by Cabral, second by Iino, to rescind the appointment of Todd Berman to the Local Emergency Planning Commission. Discussion followed. First Selectman Cabral explained Mr. Berman had volunteered to be on the Open Space Committee and was inadvertently also appointed to the LEPC. Voting in favor - Cabral, Iino, Dudek. Opposed - none. Motion Carried.

First Selectman Cabral reviewed vacancies - Water Pollution Control Authority (2), Land Use Committee (2), Recreation Commission (1) and Local Emergency Planning Commission (1).

First Selectman Cabral noted a resignation was received from Louis Fronte from WPCA which was accepted with regret.

7. Appointments
Motion by Cabral, second by Dudek, to appoint David J. Brown to the Local Emergency Planning Commission. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

Motion by Cabral, second by Dudek, to appoint Robert J. Artus to the Land Use Committee. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

8. Old Business
a. Approval to submit Grant Application to Establish Community Garden at Bosco Property and Discussion of Gardens, Property and Buildings
First Selectman Cabral read into the record the Resolution approving submittal of a grant application to the Office of Policy and Management in the amount of $10,000 for Establishing a Community Garden. Motion by Selectman Dudek, second by Selectman Iino, to authorize the First Selectman to sign this Resolution approving the submittal of a grant to the Office of Policy and Management for Establishment of a Community Garden. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

Peg Scofield briefly noted she would need the hold harmless section of the document back. First Selectman Cabral noted he would return it.

b. Transfer Station Permit - Update
First Selectman Cabral noted the Transfer Station brochure has been rewritten. Selectman Iino noted there is one outstanding issue relative to collection of returnables. CRRA has a new policy whereby they will pay the town $10 per ton if the town gives them all of its recyclables. Currently there is a shed where residents can put their cans and bottles and the funds from those go to Youth and Family Services. CRRA claims this violates their agreement that the town gives them all recyclables. Selectman Iino has a meeting with Ed Meyer to discuss this matter. A possible solution might be to move the collection to another location. It was noted the Town does not currently recycle metals through CRRA. There was a brief discussion regarding the closing of the Hartford Landfill. Selectman Dudek asked what the contract allows the Town to do and not do. It

was suggested Attorney Wells review the contract to see what the Town's obligations are.

First Selectman Cabral noted the new transfer station permits would be available starting February 14th. They will be effective April 1, 2008. There was a brief discussion regarding when and where the new permits would be available.

c. Discussion of Land Conservation Tax Abatement for Non-Profit Organizations
First Selectman Cabral explained the Board of Selectmen acted on this at the last meeting. It was then sent to the Board of Finance who raised a question of possible conflict of interest because the Town Attorney, Michael Wells, was also the attorney for the Land Trust. BOF asked that a 3rd disinterested party review this matter. It was noted Attorney Chris Grotz from Middletown reviewed the matter and gave his informal opinion that Attorney Wells not only fully complied with his duty of full disclosure but also would have no standing for personal gain from his position as a member of the Land Trust Board of Directors.

d. Electrical Poles and Flashing Lights at H-K Middle School
Motion by Cabral, second by Iino, to purchase the light poles ($1,725.99) and pay the income tax of $379.72 (because CL&P is required to pay income tax) for a total of $2,105.71, for the flashing lights at the H-K Middle School. Discussion followed. Selectman Iino noted for the record she objected to having to pay the income tax. Voting in favor - Cabral, Iino, Dudek. Opposed - none. Motion Carried.

Motion by Cabral, second by Dudek, to install the light poles (2 poles and the power down the pole). Discussion followed. Frank Cunningham noted once the poles are in and the wires down the poles, the Board of Education will take care of hooking them up. The Town will pay for the electricity to run the flashing lights. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

9. New Business
a. Discussion of Budget Priorities - BOF
John McMahon, Board of Finance Chairman, was present. He noted the Town Charter states the BOF and the BOS should discuss spending priorities. Mr. McMahon noted he would like to understand there the BOS priorities are relative to infrastructure. Bonding was reviewed. Mr. McMahon noted bonding rates are currently down. Selectman Dudek noted the Town needs to get Capital Reserves built up for major projects. BOF Chair McMahon reviewed Capital Reserve and Undesignated Reserve in detail. Mr. McMahon recommended the establishment of a Contingency Fund. This would also help with the Town's credit and bond ratings. He explained in order to spend any money from the Contingency Fund it would have to go before the Board of Finance for approval. Any funds not expended would go to Surplus at the end of the fiscal year.

There was a brief discussion regarding prioritizing equipment purchases for the Highway Department and Fire Department. There is a balance between need and want and the Town must be able to afford to pay for these items.

Fixed costs for increases in insurance was reviewed.

BOF Chair McMahon asked if there were any revenue projections yet. The reply was no. There hasn't been any notification yet from either State of Federal Aid projections.

BOF Chair McMahon asked the BOS if there had been any thought yet on asking departments what a realistic increase percentage in spending would be. Selectman Dudek noted a lot depends on the Grand List percentage. Louis Annino Sr. noted fringe benefits should be a number one priority during negotiations. There was a brief discussion regarding whether the Town should hire a consultant to do a salary study.

b. Resolution in Conjunction with Agreement for Rights of Way Activities with Replacement of Reservoir Road Bridge No. 04716
First Selectman Cabral read into the record the following Resolution -
"RESOLVED, that First Selectman Richard J. Cabral be, and hereby is, authorized to execute all documents necessary in conjunction with the agreement entitled "Agreement between the State of Connecticut and the Town of Killingworth for Rights of Way Activities in conjunction with Replacement of Bridge No. 04716 on Reservoir Road over the Menunketesuck River utilizing Federal and Municipal Funds."

Motion by Cabral, second by Dudek, authorizing First Selectman to sign (the above read) Resolution in Conjunction with Agreement for Rights of Way Activities with Replacement of Reservoir Road Bridge No. 04716. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

10. RJC Announcements - none.

11. Selectmen's Concerns
Selectman Dudek asked whether the Board of Selectmen would be speaking as a group or as individuals at the upcoming public hearing for the Town Plan of Conservation & Development. Selectman Dudek noted there should be back up documentation regarding the 2nd sentence in the 4th paragraph of the Summary of Plan having to do with taxes being stabilized.

12. Visitor's Comments - General
Louis Annino Sr. noted it was his understanding the compactor site could not be expanded or modernized and that was the reason it was going to be moved down in back. However, those funds have now gone to the Wettish property. Is that correct and if so, what plans does the Town have if the compactor blows up. Selectman Dudek noted the previous Board of Selectmen voted to go forward with that, but the former First Selectman withdrew the permits from Inland Wetlands to relocate the compactor.

Gina Regolo noted it should be the Town's philosophy that all department heads and board and commission chairs submit their budgets on how much it would cost to carry out their specific responsibilities, and this should also include capital requests.

Frank Cunningham, BOE liaison, discussed the safety issue in front of the new Middle School on Route 81. He noted the BOS is requesting $11,000 again next year for two traffic guards at that location. Mr. Cunningham indicated the Board of Education is receiving lots of complaints

regarding this traffic and safety issue. It was noted the State DOT did a traffic study and the result was that there was not enough traffic to warrant a traffic light. The community can install a traffic light at a cost of approximately $125,000. Mr. Cunningham asked whether First Selectmen Cabral and Bondi and Superintendent Gary Mala could meet and come up with a solution to get this done. Right now this is a band aid approach. John McMahon noted Durham has the same situation, but they don't have any traffic problems. Someone should see how they handle the traffic. It was noted the traffic controllers were supposed to be directing school buses only, and not the cars. In summary, Mr. Cunningham noted the towns need to resolve this issue. Maybe there are some discretionary funds in the State that could be used to put up the light. First Selectman Cabral noted DOT has agreed the towns could install a traffic light but it would be at their expense.

Jere Adametz noted the traffic controllers and the school bus drivers should be given more training.

There was also a brief discussion regarding the purchase of a SMART machine.

13. Adjournment
Motion by Cabral, second by Iino, to adjourn at 8:53 PM. Voting in favor - Cabral, Iino, Dudek. Opposed - none. Motion Carried.