Regular Meeting October 27, 2008

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, October 27, 2008, at the Killingworth Town Hall, 323 Route 81, Killingworth, Connecticut. 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.

3. Approval of Minutes - October 14 and Special Meeting October 16, 2008
Motion by Dudek, second by Iino, to approve October 14, 2008 Minutes as written. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

Motion by Dudek, second by Iino, to approve October 16, 2008 Special Meeting Minutes amended by changing all the votes on the motions by deleting so voted and inserting Voting in favor, list the names and Motion Carried to make this consistent with all other minutes. Also, Page 1, 5th paragraph of 3rd bullet change the word "side" to "site". Voting in favor - Dudek, Iino, 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 following tax refunds - Chase Auto Finance Corp. $373.74, Roy L. Klember $35.70 and $39.43 and John J. Kuzminski $9.62. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

6. Vacancies
First Selectman Cabral noted the following vacancies - IWWC -1, OEM - 1, Public Health - 5, Housing Partnership - 4, Library Board - 1 and Estuary Council of Seniors - 2.

7. Appointments - none.

8. Old Business
A. Yale School of Management Consulting Project - Cathy Iino
Selectwoman Iino noted the Town has been accepted for the project. Mrs. Regolo and Selectwoman Iino will be attending a presentation meeting next Monday evening.

B. Hours of Town Hall
Selectwoman Iino noted there are set hours in the contract. The AFSME Contract is currently under negotiations and she suggested a part of those negotiations should be to seek some flexibility with the hours. Iino noted she would like to see hours one evening a week.

C. Award of Bid for Custodial Services
First Selectman Cabral noted seven bids were received ranging from $650 to $1050 per month. Cabral briefly discussed his review of the bids. Selectman Dudek asked if everyone bid the same specifications with the same number of times. Mrs. Regolo noted there was no specific number in the bid specifications, but it was stated the current vendor does x number of times. Motion by Dudek, second by Iino, to award Custodial Services to Capital Cleaning Contractors, Inc. as recommended by First Selectman Cabral. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

D. ATV/Other Motorized Vehicles on Town Owned Land
First Selectman Cabral noted this was presented to the Board at the last meeting by Gwenne Lally, Chairman of the Conservation Commission. Cabral noted he has received a few complaints as well as Mrs. Lally regarding dirt bikes/ATV. It was agreed to have Town Attorney Michael Wells review the Westbrook Ordinance and make his recommendation for Killingworth.

9. New Business
A. Sand Bid Opening
First Selectman Cabral opened the following sand bids -
1. Seashore Construction Company - $11.80 per cubic yard delivered to Public Works yard in Killingworth for 2008/2009 season.
2. Indian River Enterprises - $14.60 per cubic yard delivered to the Public Works yard in Killingworth for 2008/2009 season and $16.40 for 2009/2010 season.

Walter Adametz recommending staying with Seashore Construction Company.

Motion by Iino, second by Dudek, to add Award of Sand Bid to New Business as Item F and address as next item. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

F. Award of Sand Bid
Motion by Dudek, second by Iino, to award the sand bid to Seashore Construction Company based on recommendation of Walter Adametz. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

B. Review of Quotes from Land Use Committee for Brush Clearing at Parmelee House - Hilary Kumnick
Mr. Kumnick noted 3 quotes were received - Karl Auer at $14,300, Pleines Contracting at $3,500 and Arbor Acres at $9,000. Kumnick indicated the difference in Mr. Auer's quote was that he was going to dig everything out and restore the field so it could be mowed. The Land Use Committee's recommendation was to go with Pleines Contracting of East Haddam. Cabral indicated the other two quotes would have to go out to bid as the price was over $5000. Motion by Dudek, second by Iino, to accept the quote of Pleines Contracting for brush clearing at the Parmelee House as recommended by the Land Use Committee. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

C. Noise Control Ordinance
First Selectman Cabral noted he has received some complaints regarding noise, especially in the Iron Works Road area. Selectman Dudek asked how this type of Ordinance would be enforced. Cabral noted a decibel meter would have to be purchased and someone would have to be designated to use it. Enforcement actually becomes quite a task. What may be noise to one may not be noise to another. Dudek asked whether the individuals complaining have called law enforcement. Cabral and Dudek noted it would be extremely difficult to enforce a Noise Ordinance. Sample Ordinances were reviewed. Dudek noted he would like some further research done. Cabral indicated he would speak with Trooper Ward and get more information.

D. Additional Fee Request by VMS (Burr Hill Road Culvert Project)
First Selectman Cabral noted a letter was received from Jacobson & Associates requesting an additional fee by VMS of $5,879.30 due to increase in oil prices and tar. Cabral indicating the project has come in below budget. Mr. Cabral reviewed the money that was saved at both the engineering and construction level. He also reviewed the procedure of change orders during a project and who should pay for it. Walter Adametz reiterated what First Selectman Cabral stated that the workmanship was excellent and done on time. The bid was a fair price and was done a year ago before the price of oil began to rise. Mr. Adametz recommended the additional fee be approved. Motion by Dudek, second by Iino, to grant an additional fund request to VMS Construction in the amount of $5,879.30 to cover an increase in fuel cost incurred for the Burr Hill Road Culvert Project, as outlined in a letter dated October 8, 2008 from Jacobson & Associates. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

E. Analysis Report from Board of Finance Concerning Purchase of Venuti Property
First Selectman Cabral noted everyone had a copy of the Analysis Report. Level debt was reviewed. Selectman Dudek noted this report was based on Moody's ratings. He also noted he recently had a meeting with the State in which it was noted Moody's ratings were not very reliable right now because of what is going on with the economy. He further noted the State of Connecticut cannot get bonding money right now and probably not until some time next year. Selectman Dudek noted this would not be endorsing $8.5 million purchase but either $12.9 or $13.6 million purchased based on the Board of Finance package. This would be 10 to 11 percent of the current budget. He indicated the town already has a $3 million bond debt which is 3.295. This would be 3/4's of a mil increase for approximately 20 years. Dudek asked how this would impact future capital projects. He also asked how accurate is this appraisal now when it was done when the economic trend was not down. He felt it would be irresponsible to ask the townspeople for a tax increase for this purchase. Dudek noted he was concerned with what may have happened with the Pension funds. Selectwoman Iino noted she agreed this should not go to the townspeople right now. A plan should be put together first to identify what that land could be used for. She suggested appointing a committee to develop this plan. Cabral noted he agreed with both Selectman and it was not the time to be asking the townspeople for additional money. There was a brief discussion regarding a large land purchase in Guilford. Bruce Dodson briefly reviewed where some of the funds were coming from with regard to Guilford. Bonding was further reviewed. Mr. Kumnick urged the Board to move forward with Selectwoman Iino's suggestion of establishing a subcommittee. Selectman Dudek noted he did not see the economy turning around very quickly. There is still the Reservoir Road Bridge Project and other capital projects have been pushed off. He also reiterated he was concerned about the Pension funds as this is still an unknown. Selectwoman Iino reiterated she would like to see a subcommittee established comprised of members from Land Use, Open Space, Housing Partnership, Recreation, etc. to seriously look at all the possibilities.

Motion by Iino, second by Dudek, to put on the agenda for the next meeting the establishment of a Venuti Property Planning Subcommittee with a time table, budget feasibility and charge for the subcommittee. Discussion followed. There was much discussion as to what such a subcommittee would be charged to do. It was agreed there must be some sort of finality as to this review of purchase. Selectwoman Iino noted for the next meeting the Board should have a charge and time table. Selectman Dudek noted he recently has talked to a lot of people about this purchase and the response is "not with this economy." Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

10. RJC Announcements
First Selectman Cabral noted a memo is going out November 3rd requesting all Town and Regional Agencies, Boards, Commissions and Committees a request for their Operating and Capital Budget Requests for the Fiscal Year 2009/2010. These are due to the Selectmen's Office by January 9, 2009.

First Selectman Cabral noted he attended a meeting last Thursday in which it was announced there will be a reduction in the tipping fees of $10 per ton with CRRA taking place January 2009 and run through June 30, 2009. Nothing further has been determined yet for the future.

11. Selectmen's Comments - none.

12. Visitor Comments - General
Jere Adametz noted Chittenden Road East has been closed and used by private companies to stockpile earth and store equipment. He asked if this was going to be reopened in the near future for public use or will it continue to be used by private companies. Cabral noted the road will be opened in the future for public use and no longer used by private companies. The exact date is not known. Walter Adametz is following up with regard to this matter.

A proposed Signage Ordinance was submitted by the Killingworth Youth League requesting that the Board of Selectmen preliminarily review it. Cabral noted copies would be made and distributed for review by the Selectmen. It was noted the Town's Zoning Regulations do not permit sufficient sized temporary signage. Storage of equipment was also reviewed. This will be placed on the next Agenda (November 10th) under New Business.

Bruce Dodson noted he was glad to hear the Board is sending the proposed Ordinance for ATV's to Attorney Wells for review. Mr. Dodson briefly reviewed the Demolition Delay Ordinance and the On-Site Sewage Disposal Ordinance coming up at Town Meeting this evening. He voiced a concern relative to the penalty clause in the On-Site Sewage Disposal Ordinance. Dodson noted a 15 day period to comply was ridiculous. Perhaps a 15 day pump out in the summer would work, but not the winter and certainly 15 days to comply with a failed system does not work. It was noted Attorney Wells was asked to review this Ordinance and make his recommendations for change. Mr. Dodson pointed out that the two new Ordinances were totally different in structure from the Town's previous Ordinances and voiced his concern for people to understand them. There was discussion regarding the definition of building and structure. Mr. Dodson reiterated he was concerned about the penalties being very extreme. First Selectman Cabral noted these issues should be brought up at the Town Meeting tonight.

Walter Adametz noted that during his inspections on Burr Hill Road Culvert Project several residents stopped him stating how professional the crew was and the timeliness of the project. He would recommend this contractor again.

There was discussion regarding signage and use of ATV's at the Wettish property before these two Ordinances are passed.

There was discussion regarding having a Parmelee Steering Committee to possibly meet quarterly to review the structure and use of that property. Walter Adametz noted the Town should look into the Agricultural Viability Grant offered to private individuals and municipalities.

13. Adjournment
Motion by Iino, second by Dudek, to adjourn at 11:05 AM. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

Regular Meeting October 14, 2008

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Tuesday, October 14, 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 7:00 PM.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Approval of Minutes
Motion by Iino, second by Dudek, to approve September 22, 2008 Minutes amended as follows –
• Page 2, under 9.A., 4th sentence should read “Selectman Dudek noted before he endorsed anything he wanted to know how it was going to be paid for and how much it would cost.”
• Page 3, 1st paragraph, 7th sentence should read “Selectman Dudek felt there should not be a dollar amount in this motion before sending it to Board of Finance as it will come back for bonding and that’s where the number will come into play.”
• Page 5, 2nd paragraph, insert new 3rd sentence as follows “The BOS questioned Mr. Adametz why his own tools were there.”
Voting in favor – Iino, Dudek, Cabral. Opposed – none. Motion Carried.
4. Visitors – Concerning Items on the Agenda
Gwenne Lally, Chairman of the Conservation Commission, submitted a letter (including an information package with an Ordinance passed in Westbrook a year ago) to the Board of Selectmen voicing the Conservation Commission’s concerns relating to the increased incursion of off road vehicles on town owned lands. She noted these ORV’s (including dirt bikes and snowmobiles) pose serious threats to the environment. Ms. Lally further noted this will only get worse when the Parmelee trails are cleared and the development of the Wettish property. The State does not have anything in the Statutes relating to this activity in municipalities. Ms. Lally urged the Selectmen to propose an Ordinance for approval by the town electors. First Selectman Cabral noted the Board would take this under advisement. Dan Colonia noted there is an Ordinance prohibiting ATV’s and snowmobiles on any property coming under the jurisdiction of Park & Recreation.
Kim Morton, Interim Executive Director of the Estuary Transit District spoke regarding Agenda Item 9A. ETD Request for Special Assessment. Ms. Morton noted the ETD represents 9 different towns all of which contribute a certain local contribution to the District. She reviewed the Town Assessment Distribution List. Ms. Morton noted there was an unforecasted and unbudgeted event in fiscal year 2008 that resulted in $55,000 legal expenses and a $60,000 settlement. This results in a year end deficit of $55,000. Taking $17,000 from this year, that still leaves a deficit of $38,000. Ms. Morton noted the ETD is now a very viable agency with strong leadership and policy direction. She reviewed two options for a one time assessment, one for $38,000 and one for $50,000. The $50,000 will allow for some breathing room for meeting payroll. Killingworth’s population, density and number of rides (Killingworth’s Dial-a-Ride trips are 2.5% of the total number of rides provided) were reviewed. It was noted Killingworth’s contribution is about 6 percent. Selectman Dudek asked what would happen to the 09/10 budget. Ms. Morton replied the 09/10 budget would be balanced. They are working on a revised distribution formula. It was noted that by Statutes it is the municipalities that are responsible for the ETD debts.
5. Tax Abatements & Refunds
Motion by Dudek, second by Iino, to approve tax refunds as noted –
A. Schwolow Lehmacher $26.67, David A. Canestrari $11.17, Anthony or Kimberly Viski $9.34, Brendan T. Murphy $76.11 and $81.69, and Groves Site Development $9.55, all for overpayments.
Voting in favor – Dudek, Iino, Cabral. Opposed – none. Motion Carried.
6. Vacancies
First Selectman Cabral reviewed the following vacancies – IWWC – 1, OEM – 1, Public Health – 1, Traffic Study Committee – 2, Housing Partnership – 4, Library Board – 1, Estuary Council of Seniors – 2, Wettish Property Dev. Advisory Committee – 1. Cabral noted the Wettish Subcommittee has been recomposed and is no longer a subcommittee of the BOS but rather a subcommittee of the Park & Recreation Commission. Dudek explained the original subcommittee was an illegal committee based on the Charter so it has been reorganized. First Selectman Cabral also noted Peter Venuti resigned from the Reservoir Road Bridge Engineer Review Committee as he moved out of town. RRBERC Chairman Coppola didn’t see any need to fill that vacancy at this time.
7. Appointments – none.
8. Old Business
A. Proposed Demolition Delay Ordinance
First Selectman Cabral noted this Ordinance was submitted at the last meeting by Tom Lentz, Municipal Historian. It was then forwarded to Town Attorney Michael Wells for his editing and comments. The BOS reviewed the draft Ordinance along with Attorney Wells’ letter dated September 29, 2008. There was discussion regarding the definition of Structure. Richard Leighton, Building Official, noted a stone wall is not a structure under the Building Code. Tom Lentz, P&Z Chairman, noted the Commission strongly encourages preservation of stone walls. Several changes to the document were agreed upon. The document will be edited to reflect those changes. Richard Leighton asked if there was an appeal process in the document. Selectman Dudek replied no, but there should be. Mr. Leighton noted there would be two sections for the appeal process. One would be the enforcement of the Ordinance by the Board of Selectmen. The second would be the enforcement of the Demolition Code by the Building Official. First Selectman Cabral will ask Attorney Wells about appeal process language. A Special Meeting will be held on Thursday, October 16th, at 7:00 PM to once again review the Ordinance as edited and send it to Town Meeting. It was also noted an Ordinance can be amended at any time by going back to Town Meeting.
B. Proposed Ordinance Concerning the Regulation and Management of On-Site Sewage Disposal Systems – R. Ellis, R. Leighton
The Board of Selectmen reviewed the draft Ordinance agreeing to several changes. There was discussion regarding the establishment of fees. Motion by Dudek, second by Iino, to adopt the Ordinance Concerning the Regulation and Management of On-Site Sewage Disposal Systems as amended at this meeting. Voting in favor – Dudek, Iino, Cabral. Opposed – none. Motion Carried. Mr. Ellis will update the document with the changes and forward to the BOS. This will also be on the Call for a Special Town Meeting with the Demolition Delay Ordinance.
C. Yale School of Mgmt. Consulting Project – Cathy Iino
Selectwoman Iino noted they have made it through the first cut. There is another meeting on Saturday which she and Gina Regolo will attend.
D. Hours of Town Hall
Selectwoman Iino noted she has gotten the contract and is reviewing the hours. Due to the lateness of this meeting, it was suggested this item be tabled. Motion by Iino, second by Dudek, to table discussion of Agenda Item 8D. Hours of Town Hall until the next meeting. Voting in favor – Iino, Dudek, Cabral. Opposed – none. Motion Carried.
9. New Business
A. ETD Request for Special Assessment
There was a brief discussion regarding the earlier presentation by Kim Morton from ETD. Selectman Dudek noted he never received a definitive answer as to next year’s budget. First Selectman Cabral noted there definitely will be an increase next year. Anything additional will have to go before the Board of Finance. Motion by Iino, second by Dudek, to authorize First Selectman to go to the Board of Finance to ask for additional appropriation of $3,185.00 which is Killingworth’s share of the $50,000 Estuary Transit District Request for Special Assessment. Voting in favor – Iino, Dudek, Cabral. Opposed – none. Motion Carried.
B. Demolition Discussion – R. Leighton
Richard Leighton, Building Official, noted the building at 571 Route 148 was 40 years old and has been deemed uninhabitable by his office. He reviewed the background history concerning this property. The property had been posted with a “Notice of Unsafe Structure” on February 21, 2008. The Court has now approved the demolition of that building. Mr. Leighton noted he now needs authorization from the Boards of Selectmen and Finance as to how to proceed. It is a nuisance hazard right now and must be boarded up. Detailed pictures will be taken before the building is demolished. If the Town demolishes the property, a lien will be placed on the property to recover the cost. The two options for demolition would either be the Fire Department or a licensed demolition company. Mr. Leighton will put together a solid dollar amount and come back to the Selectmen for approval.
C. Custodial Service Provider Bid Opening
The following bids were received and opened –

1. Aris Digby, 257 Boston Post Road, Old Lyme, $650.00 per month.
2. Morton Company, 45 Old Post Road, Madison, $820.00 per month (2 year contract).
3. Dawn Mooney & Michele O’Toole, Killingworth, $800.00 per month.
4. Service Management Group, Shelton, $995.00 per month.
5. Dale Speicher Cleaning Contracts, Moodus, $1,200.00 per month for 5 nights weekly and $800.00 per month for 3 nights weekly.
6. Capital Cleaning Contractors, Locust Street, Hartford, $900.00 per month Monday thru Friday.
7. JanKing, Windsor Locks, $1,050.00 for 3 times a week and $1,400.00 for 5 times a week (3 year agreement).
Gina Regolo will review the bids.
D. BOS Acting as Housing Authority to review and act upon annual calculations for assessment & taxation purposes
First Selectman Cabral gave a brief history of what transpired last year relative to the annual calculations for the affordable housing units in Town. Gina Regolo noted Attorney Wells reviewed this matter two years ago. Last year was the first year of a four year phase in. Regolo briefly explained the process and formula. Motion by Iino, second by Dudek, to pass the annual calculations for the 5 affordable housing units in the Town of Killingworth on to the Assessor. Voting in favor – Iino, Dudek, Cabral. Opposed – none. Motion Carried.
E. Conservation Commission Re: ATV Use on Town Owned Land
First Selectman Cabral noted he has received several complaints about ATV and dirt bikes all over town. The Board will consider the Ordinance submitted earlier in the meeting by Gwenne Lally, Chairman of the Conservation Commission.
10. RJC Announcements
First Selectman Cabral noted a number of people have asked about a noise ordinance. Selectman Dudek noted this was discussed several years ago, but there is the question of how do you measure noise, etc. Dudek reminded everyone that Killingworth is a rural community with farms and farm animals and equipment are not quiet. This should be researched thoroughly.
11. Selectmen’s Concerns
Selectman Dudek noted the contractors doing the bridge were allowed to use the dirt portion of Chittenden Road. They are now gone and the place looks like a dump. Cabral noted he discussed this with Walter Adametz as this was an agreement between the contractors and former first selectman. Cabral will talk to Walter again to be sure this is taken care of.
Selectman Dudek noted it was agreed several meetings ago First Selectman Cabral was going to write a letter to the Cable TV representative. Cabral noted he did not write the letter, but will do so in the next day or two.
12. Visitor Comments – General
Todd Hajek, Patrick Drive, noted there is an ongoing beaver problem on Patrick Drive. He noted the swamp across the street was originally 100 feet away from the road and it’s now 5 to 10 feet from the road. The catch basins are right to the grates and don’t work. He also noted there is about 500 lineal feet of cracking in Patrick Drive ½ or ¾ inch wide. Mr. Hajek noted the water backing up is causing the problem. He also noted roadside mowing is brutal. There is supposed to be a 10 foot vertical plane along the side of the road and there is nothing on Patrick Drive. Beech Tree and Laurel Ridge are also very bad. Mr. Hajek asked if there was a plan in place for overlaying and reconstruction of the roads. Selectman Dudek noted it is currently based on time and not necessarily conditions. There was a brief discussion regarding the baffling system for the beavers.

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