Regular Meeting March 24, 2008

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, March 24, 2008, at the Killingworth Town Office Building, 323 Route 81, Killingworth. In attendance were First Selectman Richard Cabral, Selectman Fred Dudek and Selectwoman Catherine Iino. First Selectman Cabral called the meeting to order at 9:00 AM.

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

Motion by Dudek, second by Cabral, to add the following item to Old Business (b) Wettish Engineering Discussion. Voting in favor - Dudek, Cabral, Iino. Motion Carried.

3. Approval of Minutes
Motion by Dudek, second by Iino, to approve March 10, 2008 Minutes as written. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

Motion by Iino, second by Cabral, to approve March 17, 2008 Minutes as written. Voting in favor - Iino, Cabral. Opposed - none. Abstained - Dudek. Motion Carried.

4. Visitors - Concerning Items on the Agenda
No one spoke at this time.

5. Tax Abatements & Refunds
Motion by Dudek, second by Iino, to approve Tax Refunds as follows - First American Real Estate Tax Service $3,049.62 (overpayment) and Julia K. and Grant A. Briggs III $6.98 (overpayment). Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

6. Vacancies
First Selectman Cabral reviewed the following vacancies - WPCA - one, Public Health Agency - four and Land Use - one.

7. Appointments
Motion by Iino, second by Cabral, to nominate Michele Becker to Land Use. Voting in favor - Iino, Cabral, Dudek. Opposed - none. Motion Carried.

8. Old Business
a. WPCA Draft Ordinance - update
First Selectman Cabral noted this has gone back to WPCA for a rewrite of some of the language and review by town attorney.

b. Wettish Engineering Discussion
Chris Kelly noted on 11/10/2007 the Board of Selectmen approved $60,000 for the next stage of design for the Wettish property for recreational fields based on a conceptual layout. The conceptual layout has since been changed and the fields moved west to the wooded area. This also changed the drainage evaluation of the site and more hydraulic analysis and testing will have to be done in areas that weren't in the original concept. There would be an increase of $9,800 for changes in design, the hydraulic analysis and a new conceptual design to be presented to Planning & Zoning again. The plan was changed after holding a public hearing and at the request of Planning & Zoning. Selectman Dudek asked if P&Z would be happy with these changes or would they ask for something else. Mr. Kelly noted they incorporated all the changes requested by P&Z, but he couldn't really answer that question. Selectman Dudek suggested maybe an informal discussion should take place with P&Z just to assure there isn't something else they would be requesting. Mr. Kelly noted they have had discussions with both Inland Wetlands and Conservation Commission. First Selectman Cabral noted the first approval was for $50,000, then there was a request for an additional $10,000 (that was approved) and now there is an additional request. He urged Mr. Kelly to be sure they have all their ducks in a row so it doesn't appear this isn't a well thought out plan because they keep coming back. He did state, however, this change was due to requirements that Planning & Zoning made. Informal discussions could perhaps eliminate the additional requests. Motion by Dudek, second by Iino, to approve the additional $9,800 for the Wettish property to come out of the existing account. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

9. New Business
a. RFP Opening - Mowing of Cemeteries
First Selectman Cabral opened the following bids -

Natural Gardens LLC $ 8,850.00
Langer Landscapes $ 7,000.00
Yardworks Lawn & Landscaping $ 6,600.00
Cody's Lawn Care LLC $ 8,100.00

Selectman Dudek suggested the Public Highway Foreman review these bids and make a recommendation back to the Board of Selectmen. This bid to be awarded in April.

b. Mileage Reimbursement to Board & Commission Members
A question has arisen as to whether or not this item would pay for mileage to appointed board and commission members who must travel out of town to go to meetings. Selectman Dudek noted he would like to know how many individuals would be impacted before making any decision. Selectwoman Iino suggested there could be prior authorization for any such mileage. This item was tabled pending receipt of further information.

c. BOS Authorization for First Selectman to sign Grant Assignment Certification for Estuary Transit District and Approval of Resolution to Execute Documents on behalf of the Town of Killingworth with the State DOT
First Selectman Cabral noted this is an annual thing where grant monies are applied by the State. A letter was received and the Town of Killingworth will get $5,050. Mr. Cabral read the Maintenance of Effort Certification, Grant Assignment Certification and the Resolution into the record. Motion by Iino, second by Dudek, that the Board of Selectman authorize the First Selectman, Richard J. Cabral, to negotiate and execute all necessary Agreement/Contract documents on behalf of the Town of Killingworth with the Department of Transportation of the State of Connecticut and to affix the corporate seal. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

10. RJC Announcements - none.

11. Selectmen's Concerns
Selectman Dudek has no concerns at this time.

Selectwoman Iino noted that during the budget process it was determined there are fees that aren't currently being collected even though they have been authorized. She asked what the appropriate steps would be to start collecting them. First Selectman Cabral noted he would have to research this item. Selectman Dudek noted one example was false alarms for the Fire Department. Selectman Iino noted another example was food inspection fees.

12. Visitor Comments - General - none.

13. Adjournment
Motion by Dudek, second by Iino, to adjourn at 9:32 AM. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

Regular Meeting March 10, 2008

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, March 10, 2008, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were First Selectman Richard Cabral, Selectman Fred Dudek and Selectwoman Catherine Iino. Several interested citizens were also present. First Selectman Cabral called the meeting to order at 7:00 PM.

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

3. Approval of Minutes
Motion by Dudek, second by Iino, to approve February 25, 2008 Regular Meeting Minutes as written. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

Motion by Dudek, second by Iino, to approve Special Meeting Minutes of February 26, 29, March 4, 5, 6 and 8, 2008 as written. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

4. Visitors - Comments on the Agenda
Selectwoman Iino read into the record a letter from Sue Davenport regarding the fact the list of active roads in town has proven to be a problem over the years, and respectfully asked the Board of Selectmen not to ignore the wishes of the people.

5. Tax Abatements & Refunds
Motion by Dudek, second by Iino, to approve Tax Refunds as follows - Stuart or Patricia Fox $99.45 and Estate of Ronald A. Grass $52.54, both for overpayment. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

6. Vacancies
First Selectman Cabral noted the following vacancies - WPCA - 2, Recreation Commission - 1, Public Health Agency - 1, Cable Advisory Council - 1 and Land Use - 1.

7. Appointments
Motion by Cabral, second by Iino, to appoint Natalie Drew to WPCA and Public Health Agency. Voting in favor - Cabral, Iino, Dudek. Opposed - none. Motion Carried.

Motion by Cabral, second by Dudek, to appoint Scot Thompson to the Recreation Commission. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

Motion by Cabral, second by Dudek, to appoint Cliff Weed to the Cable Advisory Council. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

8. Old Business
a. Jay Dowd/Tibbals Bridge Matter
Attorney Michael Wells, Town Attorney, and Attorney Thomas Cronan, representing Hammonassett Fishing Association, were both present. Attorney Wells noted his job is to review the facts and give the Board advice but ultimately the Board makes a decision as to what it wants to do and Attorney Wells carries out the decision. Attorney Wells gave a brief summary of what transpired last year relative to the abandonment of the balance of Jay Dowd Road and Tibbals Bridge Road. The Board of Selectmen and Planning & Zoning Commission approved it, and a Town Meeting turned it down. Since that time Attorney Cronan forwarded a copy of a 1964 Town Meeting Resolution having to do with discontinuance of town roads. He explained the 1964 vote was taken in the negative and there seems to be some confusion as to its validity. Attorney Wells noted the words abandoned and discontinued were used interchangeably, however, discontinued is the proper word. Mr. Wells noted this Board has two choices. It can take the position that the 1964 vote does not establish discontinuance of roads and was ineffective, or, it can take the position that the 1964 vote was effective and the roads not mentioned were in fact discontinued. There is no case law as to whether a negative discontinuance would be legal or illegal. Selectwoman Iino questioned the language of the 1964 Resolutions. Attorney Wells explained the process is that the Board of Selectmen vote to discontinue and it then goes to Town Meeting for approval and confirmation. Attorney Wells reviewed what occurred at the April 22, 1964 Town Meeting and the April 27, 1964 Board of Selectmen meeting which was stated in those Meeting Minutes. He also reviewed the State Statute relating to this subject. Attorney Wells explained intent and non-use - the Town hasn't plowed it, hasn't maintained it, hasn't paved it or claimed it on the Town Aid Road funds and is not shown as a public highway on town maps, dating back to 1970. There is also no case law that pedestrian use alone by people walking is sufficient to support a claim that the public as an entity has continued to use this road for common convenience and necessity. He reiterated the BOS will either say the 1964 vote was valid or was not.

Attorney Cronan introduced himself and apologized for all the confusion. He indicated if there had been knowledge of the 1964 vote, there probably would not have been a 2007 Town Meeting. He reviewed Connecticut General State 13A-55 noting property owners abutting a discontinued or abandoned town highway shall have a right-of-way for all purposes for which a public highway may now or hereafter use over such discontinued or abandoned highway to the nearest and most accessible highway provided such highway. Attorney Cronan noted that says from the time the road was discontinued or abandoned, the abutting property owners owned to the center line of the traveled way subject to the right of those abutting land owners only to travel to the nearest highway. The abutting landowner in this case is strictly HFA so they have a right to travel on its own land and there is no public right of travel. Attorney Cronan referenced a case Tighe vs. Town of Berlin in which it addressed public right of travel. Mr. Cronan noted the Town Meeting is the legislative body of the town and the Board of Selectmen is the executive arm of government and exercises the vote of the Town Meeting.

Selectmen Dudek asked if there was any room for negotiations as to limited access to the river and whether HFA would come and speak to the Board of Selectmen. Attorney Cronan noted he would ask the Association (HFA). Attorney Cronan also noted the neighbors have blocked the roadway and there is a March 24th hearing in court.

Members of the Board of Selectmen all agreed they would not take a vote this evening as to whether or not the 1964 Town Meeting vote was effective.

b. WPCA Draft Ordinance - update
First Selectman Cabral noted the Town Attorney has reviewed the Draft Ordinance and it has gone back to the Water Pollution Control Authority for rewording. Once that is completed, it will come back to the Board of Selectmen.

9. New Business
a. Bid Opening - Burr Hill Road Culvert Replacement
The following 19 bids were received and opened at this time -

1. VMS Construction Company $356,550.00
2. Nutmeg Gravel & Excavating, Inc. $397,400.00
3. Catco Construction LLC $422,000.00
4. Underground Builders, Inc. $424,844.80
5. Folsom Construction LLC $427,315.00
6. Machnik Bros. Inc. $446,304.00
7. Schumack Engineered Construction Corp. $448,000.00
8. NJR Construction LLC $449,900.00
9. Old Colony Construction LLC $457,140.00
10. Xenelis Construction $459,800.00
11. Mizzy Construction $486,000.00
12. Bourgeois & Shaw, Inc. $492,000.00
13. Hemlock Construction, Inc. $493,600.00
14. Milton C. Beebe & Sons, Inc. $494,576.00
15. Morais Concrete Service, Inc. $593,000.00
16. Standard Demolition Service, Inc. $545,416.00
17. New England Infrastructure, Inc. $599,200.00
18. Hammonassett Construction LLC $626,599.00
19. Ralph Camputaro & Son Excavating, Inc. $662,850.00

The above noted bids will be forwarded to the Town Engineer for review and recommendation.

b. Approval of 2008/09 Budget & Authorization to take to Board of Finance
Motion by Dudek, second by Iino, to approve a Town Operating Budget for Fiscal Year 2008/2009 in the amount of $4,865,736 and authorize the First Selectman to present this budget to the Board of Finance. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

Motion by Dudek, second by Iino, to approve a Capital Budget for Fiscal Year 2008/2009 in the amount of $1,103,135 and to authorize the First Selectman to present this budget to the Board of Finance with the recommendation that the town bond a total of $1,000,000 for the Burr Hill Road Project and the Wettish Field Development. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

c. BOS Approval to Authorize First Selectman to Sign a MOU between Healthy Communities-Healthy Kids Coalition of Haddam-Killingworth and The Town of Killingworth
First Selectman Cabral briefly reviewed the Memorandum of Understanding Between the Healthy Communities-Healthy Kids Coalition of Haddam-Killingworth And the Town of Killingworth. Selectman Dudek asked if this was independent of Youth & Family Services. There was a concern that the two groups would be competing. Selectman Dudek noted there were enough questions that don't have answers right now. Selectwoman Iino noted she agreed. Motion by Iino, second by Dudek, to express the Board's support of the efforts of the group, but that action on this item be tabled for clarification and that Hilary Kumnick should be invited to the next meeting for that purpose. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

10. RJC Announcements - none.

11. Selectmen's Concerns
Selectman Dudek noted the Town Hall has a need for recycling of white paper and if it doesn't have such a program, there should be one.

Selectwoman Iino noted she did not have any concerns at this time.

12. Visitor Comments - General
Jean and Frank Horner from Jay Dowd Road were present. They indicated the Board needs to consider what the intent was back in 1964. It wasn't to keep people from using the roads as recreation or preventing them from crossing. Mrs. Horner noted that thoroughly abandoning roads leaves the town with less access to legal roads. She further noted since this issue came up the Club has reconfigured trespassing signs on Jay Dowd Road and not all the property on Jay Dowd Road is posted. She indicated their survey shows they own property on both sides of Jay Dowd Road. Mrs. Horner also noted the bridge was replaced about 15 years ago - who paid for that? The Towns of Killingworth and Madison each own half of it. She urged the Town to review this matter and get it resolved. Mrs. Horner explained there was a handshake agreement with former President of the Club (Silverstein) that the neighbors could use the road and that agreement was honored for the time Mr. Silverstein was President.

Dave Potts from 385 Roast Meat Hill Road (Murray Pond) noted Murray Pond was not on that list of discontinued roads in 1964. He asked if the Town was going to reimburse him for his historical maintenance of that road. He further indicated that if the 1964 vote wasn't effective, then he is only a few feet short of subdividing his land. He has enough acreage but not enough road frontage.

Frank Cunningham, Board of Education Liaison, briefly reviewed an auto/bus incident in front of the new Middle School that occurred this afternoon. He indicated Superintendent Mala was on top of the incident and there were no injuries.

Frank Cunningham noted there is a tentative meeting on March 24th with the Boards of Selectmen and Finance from both Haddam and Killingworth to review the Board of Education Budget which has increased by 5.4 percent.

Frank Cunningham asked if there was any word on when the work connecting the flashing lights at the Middle School would start. First Selectman Cabral replied no. Selectman Dudek noted Senator Meyers is still pushing for a traffic light at that location.

Jere Adametz inquired as to the status of the temporary opening of Reservoir Road Bridge. First Selectman Cabral noted because this is a public safety issue it has been turned over to the engineers for review, but it is not a dead issue. There is currently no time line set.



13. Adjournment
Motion by Dudek, second by Iino, to adjourn at 8:58 PM. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried