5.11.2009

Regular Meeting May 11, 2009

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, May 11, 2009, 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 7:01 PM.

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

3. Approval of Minutes - April 27, 2009 and May 6, 2009
Motion by Iino, second by Dudek, to approve April 27, 2009 Minutes amended as follows:
• Page 2, under 8A., first paragraph, third sentence shall read, "the Tax Collector shall file for record in the town clerk's office a release of liens on such real estate"....
• Page 4, under Visitor Comments, second paragraph, fourth sentence, correct "on to" with "onto".
Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

Motion by Dudek, second by Cabral, to approve May 6, 2009 Minutes as written. Voting in favor - Dudek, Cabral. Opposed - none. Abstained - Iino. Motion Carried.

4. Visitors - Concerning Items on the Agenda
Louis Annino noted he supports Fran Dooley's request for domestic tranquility.

5. Tax Abatements & Refunds
Motion by Dudek, second by Iino, to approve the following tax refunds - Chase Auto Finance Corp. $142.38 and DCFS $89.92, all for overpayment. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

6. Vacancies
The following vacancies were noted - IWWC - 1, OEM - 1, Housing Partnership - 4, Estuary Council of Seniors - 2, Municipal Land Use - 2, Open Space Committee - 1, Public Health Agency - 1, Water Pollution Control - 1.

7. Appointments - none.

8. Old Business - none.

9. New Business
A. Authorization for First Selectman to execute a Contract between the State of Connecticut Department of Public Safety Division of State Police and the Town of Killingworth for 7/1/2009 - 6/30/2011 for Resident State Trooper Services
First Selectman Cabral read the Resolution into the record. Selectman Dudek asked if there were any issues with the Contract. Cabral replied no. Selectman Dudek asked if the Contract was any different from past ones. Cabral replied no. Selectwoman Iino noted the Resident Trooper reports entirely to the State Barracks. The Town does not have any control. Cabral noted if the Town had Constables, they would report to the Resident Trooper. Motion by Cabral, second by Dudek, that Richard J. Cabral, the First Selectman, be and herewith authorized to execute a contract on behalf of the Town of Killingworth with the Connecticut Department of Public Safety, Division of State Police for the services of one (1) Resident State Trooper for the period of July 1, 2009 to June 30, 2011. A brief discussion followed relative to fringe benefits and overtime. It was noted overtime is not part of the contract. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

B. Noise of Motorcycles - Fran Dooley
Fran Dooley was present. He voiced his concern about noise from motorcycles. He indicated when they are sitting outside with company, they can hardly carry on a conversation the noise is so loud. Dooley noted there are laws pertaining to the amount of decibels permitted. He also noted that some of the trucks have jake brakes with straight pipes. Perhaps the police could issue a few warnings.

Lou Annino Sr. stated noise pollution is a real big issue, especially on Routes 80 and 148. These machines come with adequate noise abatement. Annino noted the State's Attorney General is going after the airlines for noise pollution relative to their air patterns.

Selectman Dudek reviewed the allowable decibels. He noted in 2006/07 there were over 2000 tickets issued and 2/3's of those were rejected and 1/3 of the officers didn't show up for the court case.

Selectwoman Iino asked if the Barracks has a decibel machine. First Selectman Cabral noted he would ask.

Fran Dooley also voiced concerns regarding propane tanks. First Selectman Cabral asked the other selectmen if they would mind discussing this matter as it wasn't on the agenda. There was no objection. Mr. Dooley noted Planning & Zoning is responsible for the long term health and safety of the town. There are large buildings around this gas facility. Dooley noted the Board of Fire Commissioners is obligated by agreement with the Town for fire protection. He briefly reviewed three (3) incidents involving propane tanks - one in Tacoma Washington, one in Buffalo New York and the third in Toronto Canada.

It was noted the Planning Commission has the authority in their By-Laws to hire professional consultants for issues such as these. The NFPA 58 Regulation sets the laws for these gas facilities to abide by. There must be a road from both sides of the tank. Size of the tank was reviewed. It was noted evacuation is an issue.

Mr. Dooley distributed copies of the three (3) incidents mentioned above as well as a copy of the NFPA Regulation.

Selectwoman Iino thanked Mr. Dooley for bringing this to the Board's attention.

C. Reappointment of Barbara Klein to Regional Mental Health Board, Inc. as Killingworth's Representative Effective through April 30, 2011
Motion by Cabral, second by Iino, to reappoint Barbara Klein to Regional Mental Health Board, Inc. as Killingworth's representative effective through April 30, 2011. Voting in favor - Cabral, Iino, Dudek. Opposed - none. Motion Carried.

D. Trust for Public Land - Amy Paterson
Amy Paterson was present noting it had been a couple months since she was here and wanted to be sure the Town understood what the role of The Trust for Public Land was. Ms. Paterson briefly explained the process they would go through to assist Towns in acquiring land, including fund raising. Ms. Paterson also explained the process whereby the TPL would purchase the property from the landowner and then convey title over to the Town.

10. RJC Announcements
First Selectman Cabral noted a letter was sent to the Board of Education relative to the surplus discussed at the last meeting.

First Selectman Cabral noted the furnace at the E.O.C. needs to replaced. A quote was received from RLD Heating and Cooling Inc. in the amount of $3,273.00. It was noted RLD handles the library, fire house, ambulance barn and town hall. It was suggested there should be a maintenance contract as a package for all these buildings. Cabral noted he (as well as Richard Leighton, Building Official) recommended using RLD and and that it would come out of Furnace Capital line item.

First Selectman Cabral noted Lover's Lane is now open.

11. Selectmen's Concerns
Selectman Dudek noted the water is down on Patrick Drive. The catch basins are full of dirt and sand.

Selectwoman Iino noted CL&P has taken care of the writing on the trees on Chestnut Hill Road.

There was discussion regarding a request to be emailed Board of Selectmen Meeting Minutes. This should be discussed further and put on the next meeting agenda for 5/26.

12. Visitor Comments - General - none.

13. Executive Session - Real Estate Negotiations
Motion by Dudek, second by Iino, to go into Executive Session at 7:57 PM for the purpose of discussing Real Estate Negotiations, all three selectmen were present as well as Amy Paterson from the Trust for Public Land. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried. The Board came out of Executive Session at 8:30 PM.

14. Adjournment
Motion by Cabral, second by Dudek, to adjourn at 8:31 PM. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.