11.14.2008

Regular Meeting November 24, 2008

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, November 24, 2008, at 9:00 AM 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.

3. Approval Minutes – November 10, 2008
Motion by Dudek, second by Iino, to approve November 10, 2008 Minutes amended as follows – Page 2, under B. Proposed Zoning Ordinance, 12th sentence should read, “All signs would come down at the end of the season.” Voting in favor – Dudek, Iino, Cabral. Opposed – none. Motion Carried.

4. Visitors – Concerning Items on the Agenda
Lou Annino noted he's lived on Route 148 since 1956. He indicated a petition was prepared and signed by 500 to 600 people for opening Lovers Lane. He stated in his opinion the road can be fixed, it is not sinking, the problem is beavers on both sides of the road. When the water comes up over the road, it must be closed and this administration has handled this appropriately. This has been a political football for years. In his estimation the road can be fixed without a lot of money. The obvious solution is to fix the road so the water can run freely and not block the road. Route 148 had the same problem only 100 yards away and the State Highway Department fixed that problem by opening the culverts and putting 12” of new bituminous material which allows the water to run through it. That has worked very well for Route 148. He urged the Board to talk to the State Highway Department Engineers. Mr. Annino reiterated Lovers Lane must be fixed.

Motion by Dudek, second by Iino, to add the Assessor to the Agenda under New Business. Voting in favor – Dudek, Iino, Cabral. Opposed – none. Motion Carried.

5. Tax Abatements & Refunds
Motion by Dudek, second by Iino, to approve Tax Refunds as follows – VW Credit Leasing LTD $95.97, Patricia Ives $11.78, SAAB Leasing Co. $161.07 and Edward T. Hartman $581.49, all for overpayment. Voting in favor – Dudek, Iino, Cabral. Opposed – none. Motion Carried.

6. Vacancies
First Selectman Cabral noted the following vacancies remain – IWWC – 1, OEM -1, Public Health – 5, Housing Partnership – 4, Library Board – 1 and Estuary Council of Seniors – 2. Selectman Dudek noted there is no vacancy on the Library Board as Shelly Cumpstone was appointed at the last meeting.

7. Appointments – none.

8. Old Business
A. Hours of Town Hall
Selectman Iino suggested going ahead with staying open on Thursday evenings until 7:00 PM and closing on Fridays at noon. If everything is in place, this could start January 1, 2009. Selectman Dudek noted Selectman Iino's prior comments indicated this should include all offices. This should be discussed with Dick Leighton relative to the Building Department evening hours. This should be on the Agenda for the next meeting.

B. Lovers Lane – F. Dudek
Selectman Dudek noted he contacted John Himmelman, Chairman of Inland Wetlands Commission, as it didn't appear anything was being done with Lovers Lane. He explained that because the prior administration went forward to DEP and the Army Corps of Engineers, the Wetlands Commission has deferred all decisions on that road to the Army Corps first and then DEP. That creates a problem in that the Town can't just go maintain the road. Selectman Dudek noted he and Walter Adametz believe the road can be made reliable by adding the pipes and raising the western level. Selectman Dudek reviewed his discussion with John Himmelman regarding the status of this matter relative to wetlands. Mr. Himmelman stated anything the Town wants to do will require Army Corps of Engineers approval. There's also concern on the part of DEP for any plan meeting Connecticut DEP hydraulic design requirements, including the westerly area that is a problem. Selectman Dudek noted he would like the current plan (of 4 pipes) included in the Capital Plan and obtain proper permitting during this winter while the road is closed. The first step would be for the Town Engineer to make sure the hydraulic design requirements are met and then apply to the Army Corps of Engineers for a permit. It was suggested the Board look at LoCIP dollars to pursue this project. First Selectman Cabral will contact the Town Engineer and advise them to move forward with a permit to Army Corps of Engineers.

C. Venuti Property Planning Subcommittee Appointees
Motion by Cabral, second by Dudek, to appoint Lou Annino, Jr., Dave Gumbart, Wendy Ifkovic, Catherine Iino, Gwenne Lally, Hilary Kumnick and Peter Richards to the Venuti Property Planning Subcommittee. Voting in favor – Cabral, Dudek, Iino. Opposed – none. Motion Carried.

D. Historic Preservation Committee Appointments
Motion by Cabral, second by Iino, to appoint Diane Aeschliman, Robert Broach, Randy Davis, Lewis Scranton and Sandra Smith to the Historic Preservation Committee. Voting in favor – Cabral, Iino, Dudek. Opposed – none. Motion Carried.

E. Parmelee Steering Committee Appointments
Motion by Cabral, second by Iino, to approve the Charge to the Parmelee Steering Committee as follows – develop and plan a long term landscape design for the public portions of the property, develop a best case scenario for use of the Parmelee Farm for the benefit of agricultural, educational, art and youth programs, development managerial use for the site, coordinate use for the site, develop a plan that deals with the security of the site, develop a plan of operation that includes hours of operation, scheduling of user groups, reservations, registrations or hold harmless agreements, rules and regulations as to use of the property, investigate and coordinate the designation of the site and/or specific structures as historic. Discussion followed. Selectman Iino suggested reversing the first two Charge items. Voting in favor with Selectman Iino's suggestion – Cabral, Iino, Dudek. Opposed – none. Motion Carried.

Motion by Cabral, second by Iino, to appoint Michele Becker, Christine Cronan, Terrance Doyle, Hilary Kumnick, Katrina Little, Karen Milano, Susan Otto, Richard Pleines and Peg Scofield to the Parmelee Steering Committee. Voting in favor – Cabral, Iino, Dudek. Opposed – none. Motion Carried.

F. ATV Ordinance: Discussion and Possible Vote
Selectman Dudek noted he has reviewed documentation forwarded to the Board by the Conservation Commission and notes the Westbrook Ordinance seems to be best fit, however, property designations need to be made. State Parks have their own rules and there are properties that have Conservation Easements. Park & Recreation also has jurisdiction over some town owned properties. There was discussion regarding use of motor vehicles, bicycles, mountain bikes, snowmobiles, horses, etc. Selectman Dudek suggested the uses allowed should be listed versus what is not allowed. Enforcement was briefly reviewed. It was decided the Town Attorney should review this proposed Ordinance and perhaps the Conservation Commission can identify the properties that would be subject to this Ordinance.

9. New Business
A. Approval of Call of Town Meeting
First Selectman Cabral read the draft of the Call of the Town Meeting for December 4, 2008. Motion by Cabral, second by Dudek, to approve the Call of the Town Meeting for December 4, 2008 as read by First Selectman Cabral (copy attached). Voting in favor – Cabral, Dudek, Iino. Opposed – none. Motion Carried.

B. Grant for Parmelee House – Hilary Kumnick
Mr. Kumnick noted he neglected to ask for additional funding for the feasibility study for the Parmelee House in the amount of $6,460. The total is $14, 920. A grant was received from HIPTAG in the amount of $8,460. He requested the Town approve the additional funding of $6,460. Selectman Dudek asked Mr. Kumnick if there was going to be a balance in the capital account after receipt of the grant funds. Kumnick replied yes, there would be a balance of $11,000 +/-. The line item will not be overspent. Motion by Iino, second by Dudek, to approve additional funds in the amount of $6,460 to be allocated for the Parmelee House with the stipulation that the architectural contract will not be signed until the HIPTAG Grant monies are received. Discussion followed. Cabral thanked Mr. Kumnick for his efforts in researching and obtaining these grants, but also cautioned that some of these grants are “matching” grants and the Town may not have the funds to do so. Full grants are preferred wherever they can be found. Mr. Kumnick also thanked Linda Dudek and Michele Becker for their assistance in locating these grants. Voting in favor – Iino, Dudek, Cabral. Opposed – none. Motion Carried.

Kumnick noted there were three other names submitted for the Parmelee Steering Committee, but they were not mentioned. First Selectman Cabral indicated he did not receive those names, but would like to hear from those individuals. Selectman Dudek pointed out all these committees will need to be reappointed at the first meeting in January 2009.

C. Youth & Family Services – Cheryl Chandler
Mark T. (?), Cheryl Chandler and a few other representatives from YFS were present to ask for support for an important program to the community. He reviewed the Healthy Communities/Healthy Kids Coalition (formerly known as the Prevention Council). He pointed out the Federal grant previously received ($100,000 with a $100,000 match) has not been renewed for this year. These are very competitive grants designed to start a program and keep it running. Cheryl Chandler, Director of YFS, noted their mission is to enhance child youth development. She reviewed some of their major programs. They also have a Juvenile Review Board for first time offenders. It was noted last year's budget request was not granted and they did not receive the $100,000 grant so they are back before the Town. They have scaled back the program and reduced their budget by about $36,000. They are also saving money due to the fact the grant had several conditions which they do not have to comply with now and can improve the program by providing direct service which the grant restricted before. The program is now much more efficient. They are now asking each town for an additional $21,000 to keep this vital program going. The difference between indirect and direct service was reviewed. It was noted demographics and financial issues are considerations in receiving the grant. Previous year's surveys were reviewed. It was noted YFS actively searches out new grants. Other grants were reviewed. There was discussion regarding staff. It was noted the prevention coordinator recently left that position which is now vacant and needs to be filled. Selectman Dudek noted he would like to see their projection for the budget year before making any decision. He also noted because of the dollar amount, if approved, this would have to go before Town Meeting. There was much discussion about the programs YFS provides to the communities.

D. Assessor's Budget
Donna Shanoff reviewed the clerk position in her office which had been cut from 19 hours to 5 hours noting she hasn't had anyone since July. She indicated she was told by First Selectman Cabral that money from her budget was being used to fund staff in other departments. Cabral noted a clerk would be provided starting December 1st on Fridays for 5 hours. She noted she needs someone to do data entry, filing, personal property returns, motor vehicle Grand List, Property Grand List, etc. Shanoff noted she would need someone 10 hours a week from December to July. She also noted she felt there would be a conflict for the same person working in the Tax Collector's and Tax Assessor's Offices. Selectman Dudek noted he has looked into this and disagreed with that statement. Shanoff noted for 18 years there were two full time people in the Assessor's Office. She pointed out the Assistant Assessor had retired for two years and the former First Selectman would not fill the position. Selectman Dudek noted it was his understanding the Assessor did not want the 5 hour clerk. There was much discussion about what the Assessor wanted for staff and hours. She also asked why her budget was reduced for staff who worked in another department. The Assessor and the First Selectman disagreed on what their discussion was regarding staff and budget. Selectman Iino noted the issue now is how to get the work done by the end of January for the filing of the Grand List. It was reiterated a clerk will be provided for 5 hours on Fridays starting December 1st. Selectman Dudek noted he would like Attorney Wells to review the issue of a possible conflict for a person working in both the Tax Assessor's and Tax Collector's Offices. There was discussion regarding the floating person and what offices the hours are allocated to. Shanoff reiterated the duties of an Assessor's Clerk. Selectman Dudek asked the Tax Assessor to prepare a proposal for a 'seasonal person' and submit it to the Board of Selectmen. This will be considered at the December 8th BOS meeting.

10. RJC Announcements
First Selectman Cabral noted the 2009 Meeting Schedule will be prepared for the next meeting. It was noted there is only one meeting in December.

11. Selectmen's Concerns
Selectwoman Iino noted she agreed with P&Z Chairman Lentz about municipal signs being handled by a Zoning Regulation.

Selectman Dudek noted the Housing Partnership survey had been sent to two people (spouses) at the same address and therefore was very costly to the Town. These surveys should have been sent one to each household. This should be kept in mind for any future surveys.

12. Visitor Comments: General
Frank Cunningham, Board of Education Liaison, noted the State has a major deficit this year and the Governor is looking to all departments to reduce their budgets. They are looking at mandatory requirements for graduation with a 10 percent reduction. First Selectman Cabral noted he hoped the Board of Education will look deep into their budget for any required reductions.

Frank Cunningham asked when activity will occur on the Reservoir Road Bridge. Cabral noted he will be receiving additional maps today for utility easements. Bids will be going out in mid winter and the committee is still active and looking at finishing in the fall of 2009.

There was discussion regarding the beavers on Patrick Drive. No action has been taken to date.

13. Adjournment
Motion by Dudek, second by Iino, to adjourn at 11:15 AM. Voting in favor – Dudek, Iino, Cabral. Opposed – none. Motion Carried.

11.10.2008

Regular Meeting November 10, 2008

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, November 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. First Selectman Cabral called the meeting to order at 7:02 PM.

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

3. Approval of Minutes Held October 27, 2008
Motion by Dudek, second by Iino, to approve October 27, 2008 Minutes as written. 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 tax refunds to Honda Lease Trust $110.88 and Paul Gambardella Jr. $24.82. Voting in favor – Dudek, Iino, Cabral. Opposed – none. Motion Carried.

6. Vacancies
The following vacancies were noted by First Selectman Cabral – IWWC – 1, OEM – 1, Public Health – 5, Housing Partnership – 4, Library Board – 1 and Estuary Council of Seniors – 2. It was also noted that David Gross has resigned from the Wettish Property Development Advisory Subcommittee as of November 4, 2008. The Wettish Subcommittee is now a part of the Park & Recreation Commission.

7. Appointments
Motion by Cabral, second by Dudek, to appoint Michele Cumpstone to the Library Board. Voting in favor – Cabral, Dudek, Iino. Opposed – none. Motion Carried.

8. Old Business
A. Hours of Town Hall
Selectwoman Iino asked this item be tabled until the next meeting.

9. New Business
A. KVFC Used Fire Truck – William Wright
This item was tabled until the end of the meeting.

B. Proposed Zoning Ordinance – Signage for Municipal Fields & Property – Michael Epright
Mr. Epright noted he has discussed this matter with several individuals and revised the preliminary draft. He indicated there is a need to have this specific issue addressed in Town as athletic fields can be in any of the districts. Mr. Epright noted the main concern right now for Killingworth Youth League is budgetary. They have 450 children ages 5 to 13. Every year expenses go up and they don't ask the Town for any money. The purpose of this Ordinance would be for renewable sponsorship signage. Epright indicated Planning & Zoning expressed concern about letting one group do it and then what happens to the other groups. The proposed Zoning Ordinance is targeted to be in the sign regulations. Nothing in the current sign regulations is geared toward athletic fields. Epright noted he has adopted a lot of the concerns heard from Planning & Zoning into this draft. The sign would not exceed 32 square feet (4 x 8 sheet of plywood or sheet metal) and would not be readable from the street. All signs would come down at the end of the year. This makes it a lot more user friendly for P&Z. Epright further noted the scoreboards would be subject to Special Exception approval by the Planning & Zoning Commission. Selectman Dudek asked if Park & Rec had been approached yet and whether this would require an application from Planning & Zoning and a public hearing. Epright replied yes, they would contact Park & Rec and an application and public hearing would be required by P&Z. Selectwoman Iino noted this would be restricted to avoid brand specific advertising. Epright replied yes, there would be no inappropriate signage. There was discussion as to whether this would be an Ordinance or a Regulation. Selectwoman Iino asked who would administer this. Epright noted this would be run through the league or organization. Selectwoman Iino asked if this would be a Park & Rec function and officially done by Park & Rec. She also noted if approved, this would mean there is an outside body renting space that belongs to the Town. Selectman Dudek noted Park & Rec has been established to maintain those properties. Dan Colonia, Chairman of Park & Rec, stated they have no procedure for administering signs. It was noted the first thing would be to put a Zoning Regulation into place and then figure out how to administer it. First Selectman Cabral noted Park & Rec would have to come up with regulations on how to govern it. It would be a municipal improvement. He reiterated the first step is Planning & Zoning and then Park & Rec. It was noted the Board of Selectmen support this idea. Selectwoman Iino reiterated a procedure needs to be developed and Mr. Epright should go to Planning & Zoning and Park & Rec. First Selectman Cabral noted ii. In Item A should also be placed in Item B so it is perfectly clear.

C. Establish Venuti Property Planning Subcommittee
First Selectman Cabral noted the Board is looking for persons to serve on this subcommittee. Motion by Iino, second by Cabral, to establish a Venuti Property Planning Subcommittee of the Board of Selectmen to research possible uses and sources of funding for the Venuti property, seeking input from both governmental and nongovernmental organizations in Killingworth and considering the Plan of Conservation and Development and the previously expressed interests of the public. The subcommittee will report back to the Board of Selectmen in six months from the first meeting of the subcommittee on the following –
• Feasible configurations for uses of the land,
• Economic impacts on the town of alternative scenarios,
• Ways to mitigate the cost to the town of acquiring the property, and
• The long-term interests of town with regard to the property.
Voting in favor – Iino, Cabral, Dudek. Opposed – none. Motion Carried.

D. Discussion of Grants for Parmelee Property – Hilary Kumnick
Hilary Kumnick reviewed the grant applications for the Parmelee property. He noted there is a Connecticut Trust for Historic Preservation grant in the amount of $4,500 for the barn. The total cost for the Conditions Report & Feasibility Study for the English Barn is $10,400. He also noted there is $1400 left in the old Bosco line item. With regard to the main house, the Land Use Committee and the Historical Society is working hard to secure a grant in the amount of $14,920 from the Connecticut Trust for Historic Preservation. So far $8,460 has been awarded. Kumnick noted they have applied for another grant in the amount of $4000 and are looking to some local organizations, possibly the Killingworth Foundation, to supplement remaining work on the house. Selectwoman Iino noted there is still money in the grant writer’s line item if that was needed. This would certainly be an appropriate expenditure. Kumnick urged the Board of Selectmen to approve the contract for the architect, Noyes Vogt Architects in the amount of $25,320. It was noted members of the BOS did not have a copy of that contract. This will be reviewed and put on the next meeting agenda.

E. Parmelee Steering Committee – Hilary Kumnick
First Selectman Cabral noted a call has been put out for volunteers to serve on the Parmelee Steering Committee. The charge to that committee is rather long and hasn’t been reviewed yet. This item will be tabled and put on the next meeting agenda. Selectman Dudek suggested Mr. Kumnick speak with Jim Lally from the Town Office Building Committee as the former first selectman had agriculture as part of their charge. Motion by Dudek, second by Iino, to table Agenda Item E. Parmelee Steering Committee to the next meeting. Voting in favor – Dudek, Iino, Cabral. Opposed – none. Motion Carried.

F. Establish Historic Preservation Committee
Motion by Cabral, second by Iino, to establish an Historic Preservation Committee with the following charge – The Delay of Demolition Committee is charged with the responsibility of encouraging the preservation of architecturally and historically significant buildings and structures and to this end shall review any and all requests to the Town that are submitted for issuance of a permit for the demolition of a building or structure and, in turn, shall advise the Building Official on the issuance of said permits under Chapter 238. Voting in favor – Cabral, Iino, Dudek. Opposed – none. Motion Carried.

It was noted this would be a committee of five. First Selectman Cabral will contact those individuals who have expressed an interest. Selectman Dudek noted this committee would expire on 12/31/08 and thereafter need to be reappointed.

G. Park & Recreation – Wettish – D. Colonia and E. Auer
Eric Auer and Dan Colonia were present to represent the advisory group for the development of the Wettish fields. Mr. Auer noted this property encompasses about 20 acres. They will be using about 10 acres for fields. All fields will be screened from Parker Hill Road. The entrances are the only thing one will see from the road. The existing look along the road will be maintained. Auer indicated there is no impact on drainage other than routine maintenance. Mr. Auer reviewed funding. The two STEAP grants and the various phasing were reviewed. Of the $400,000 STEAP grant, 58% ($232,000) will be used for Sheldon and 42% ($167,000) for Wettish. Auer indicated $50,000 would be used for entrances and $100,000 for building the new athletic fields. Mr. Auer reviewed construction costs. Special drainage is required. They will be using all material on site. They will only be doing the 550’ of stone walls on the front road. The interior stone walls were put on the back burner until more funds become available. There was discussion regarding irrigation. Mr. Colonia explained the cushion of $70,000 will be used for irrigation. First Selectman Cabral noted this project originally came in at $1 million, now it is $1,098,536.35. Mr. Colonia noted the exact amount will not be known until this goes out to bid. He reiterated with the $70,000 cushion and extra savings, they will hopefully be able to complete the project. There was discussion about the stone walls and whether it was being done now or phased in later. Mr. Colonia noted the ADA paths were going to be crushed stone, but they must be 5’ wide paved paths. Colonia further noted the STEAP grant requires the Town have engineered drawings, meet prevailing wages among other things. When this goes to bid, it will also include maintenance. Mr. Auer noted two of the mandated items were the stone walls and irrigation. Selectman Dudek asked if it wouldn’t make sense to bid this out first so the Town would know what the dollars would be before going to Town Meeting. Mr. Colonia asked if the BOS would give its okay to start bidding this project. Mr. Auer noted it would be a tremendous help to bid before going to Town Meeting. With the current economic times, he anticipates there will be many bidders. It was the consensus of the Board of Selectmen that Park & Rec go out to bid for this project. The line item is already in place.

10. RJC Announcements
First Selectman Cabral noted he is still investigating a Noise Ordinance. He has samples from the Towns of Guilford and Westbrook. Cabral indicated that if Killingworth were to have a Noise Ordinance and set fines, then it would have the equipment to measure the noise (or decibels) to enforce it. Questions - someone would have to be trained to use the equipment, what would be the cost of the equipment. First Selectman Cabral will research these items. Selectman Dudek noted the Ordinance should be as simplistic as possible referencing a longer regulation. Selectwoman Iino noted the Town should inquire as to whether or not the State Police already such equipment. Another possibility would be to purchase equipment with an adjoining town. This will be put on the next meeting agenda.

First Selectman Cabral noted the Board should approve the ATV Ordinance and wait until there are other items to call a Town Meeting. Approval of the ATV Ordinance will be put on the next meeting agenda under Old Business.

11. Selectmen’s Concerns
With regard to Lovers Lane, Selectman Dudek noted the Army Corps is concerned with disturbing the whole wetland area. Dudek will speak with John Himmelman and Walter Adametz. Cabral noted there has been a slight problem in that car tires are dragging water up to the corner and it freezes overnight requiring sanding.

12. Visitors Comments: General
Jere Adametz noted there is a problem with the building between the fire house and the town hall. The side facing the fire house looks like it is rotten and when it rains it has water running down it. Something should be done so the water doesn’t run down the side. It should be repaired before it rots out. Selectman Dudek noted the Building Official wrote a letter previously indicating the building was an unsafe structure and should be torn down or repaired. Dudek will attempt to locate that letter from Mr. Leighton. Dudek further noted that building was built as a temporary structure with no overhang or gutters.

13. Adjournment
Motion by Dudek, second by Iino, to adjourn at 8:45 PM. Voting in favor – Dudek, Iino, Cabral. Opposed – none. Motion Carried.