Regular Meeting January 26, 2009
1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, January 26, 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 7:00 PM.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Approval of Minutes of Meeting Held January 12, 2009
Motion by Iino, second by Dudek, to approve January 12, 2009 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 following tax refunds as reviewed - Toyota Motor Credit Corp. $42.71, Christine Riggio $181.23, Countrywide (on behalf of Heidi Zenie) $3,804.57, Reifberg, Smart, Donahue & NeJame (on behalf of Susan Nordmann) $66.41, CAB East LLC $122.43 and $44.69, Elizabeth or Robert Miller $6.13 and Edward J. Sipples $59.70. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.
6. Vacancies
The following vacancies were reviewed - IWWC - 1, OEM - 1, Public Health Agency - 5, Housing Partnership - 4, Estuary Council of Seniors - 2, Land Use - 1 and Open Space Committee - 2. It was noted a resignation has been received from Chris Kelly from Killingworth Park & Recreation Commission as of January 23, 2009. Both parties have been informed of this vacancy as well as the Chairman of Park & Rec. The Board thanked Mr. Kelly for his service to the Town. His efforts were very instrumental relative to the STEAP Grant and the Wettish Property. It was also noted in the future Land Use will be known as Municipal Land Use and Open Space Subcommittee will be known as Open Space Committee.
7. Appointments - none.
8. Old Business
A. Change name of Historic Preservation Committee to Historic Review Committee
First Selectman Cabral noted that within the Ordinance this Committee is referred to as an Historic Review Committee and not an Historic Preservation Committee. The name of the committee now needs to be changed to the Historic Review Committee.
Motion by Dudek, second by Iino, to change name from Historic Preservation Committee to Historic Review Committee and all appointments remain in force. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.
Motion by Cabral, second by Iino, to change the name of "Delay of Demolition Committee" in the Committee Charge to "Historic Review Committee" and to approve the Committee Charge as follows - "The Historic Review 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.
B. Change Terms of Appointments for (3) members of Historic Review Committee - Randy Davis & Robert Broach - 2 years, Lewis Scranton - 3 years
Motion by Cabral to change terms of appointments of Historic Review Committee as follows - Randy Davis & Robert Broach - 2 years and Lewis Scranton - 3 years. Selectman Dudek noted this was already done at the last meeting. The motion was withdrawn.
C. Park & Rec - Wettish Property Multi Purpose Fields
Eric Auer (Advisory Committee) and Dan Colonia (Chairman of Park & Recreation Commission) were present. Mr. Auer noted there had been some confusion, but he has since sent the Board members what they feel the real numbers would be for this project - $1,026,000. They are proposing to building the four fields and one entrance into the parking lot. The second entrance would be deferred until later and perhaps use a portion of the $400,000 STEAP Grant building that entrance in conjunction with the next ball field. This would be the first phase and give the Town four fields. Mr. Auer reviewed water and irrigation. He asked for confirmation that the Commission could now go out to bid and hopefully to Town Meeting for approval. First Selectman Cabral asked if bid documents have been approved by the Town Attorney. Dan Colonia noted all questions have been forwarded to Weston & Sampson. Their response will be sent to the Town Attorney upon receipt. Selectman Dudek asked if it was possible for the Selectmen to receive copies of any legal documents sent to any boards and commissions. Dudek noted he would like to be able to see the Town Attorney's comments after his review. Mr. Colonia will email Attorney Well's comments to Dudek and Iino. Attorney Wells noted the major concern in his comments was that there was no contract. Selectwoman Iino confirmed the process is to go out to bid, receive the bid and then everything is contingent upon approval at Town Meeting. Attorney Wells replied yes, but that should be specified in the document.
First Selectman Cabral reviewed funding and the STEAP Grants in detail.
Mr. Colonia noted the bid documents should be completed by the end of February. The companies will then have 30 to 90 days to reply to the bid requests. Dudek noted all companies should be aware that it could be up to 120 days before anyone is selected. There was a brief discussion regarding the number of days.
9. New Business
A. Discussion/Unsafe Structure - Demolition - R. Leighton, M. Wells, Esq.
Richard Leighton noted he was before the Board a few months ago discussing going out to bid and probably offering this property on Route 148 to the fire department. As part of this procedure, Attorney Wells recommended an appraisal be in place before the property is torn down. Leighton noted MKH Appraisals did an appraisal dated 11/17/08. What came out of the appraisal was there is an oil spill where someone may have tried to vandalize the oil tank. The tank is 275 gallons. This situation changes the scope and amount of money required because the oil spill must be cleaned up prior to demolition. Mr. Leighton explained he wanted to go back to Court and compel the property owners to clean up the spill. Attorney Wells noted the Town is required to take the building down. Leighton noted this situation is no longer a $10,000 to $20,000 project. DEP will now have to be involved and that will take some time. Leighton noted he was asking the Board of Selectmen for some guidance as he doesn't know how much it will cost. He also noted he would like some funds to board the structure up as it is a nuisance hazard. The oil spill and demolition will have to go out to bid. Ultimately when this is completed, the Town will be able to recoup the money, but it has to pay it up front to get the work done. There was discussion as to whether the Highway Department could do the boarding up or whether a local contractor should do it. Anything under $5000 requires 3 quotes. It was noted the expense depends on whether or not the dirt has to be dug out. Attorney Wells explained what happened in the Court proceedings. Selectwoman Iino asked if the cost of clean up would exceed the value of the property. Both Leighton and Wells replied they didn't think so, but the clean up cost is really unknown at this time.
Leighton noted he would like to move forward with this and will keep the Board of Selectmen abreast of the cost. He noted the dollars for the boarding up might possibly be able to come out of the Sanitarian's budget. Any further dollars would have to be approved by the Board of Finance.
B. American Heart Association Proclamation "Wear Red Day for Women" - February 6, 2009
Motion by Cabral, second by Iino, to approve the Proclamation proclaiming February 6, 2009 as "Wear Red Day for Women". Voting in favor - Cabral, Iino, Dudek. Opposed - none. Motion Carried.
C. BOS Acceptance of "Heft Brook Lane" as a Town Road
Motion by Dudek, second by Iino, to accept Heft Brook Lane as a Town road. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.
10. RJC Announcements
First Selectman Cabral reviewed a recent meeting of the Selectmen's Association where Representative Joe Courtney to review State monies. There appears to be some opposition in the Senate. It was impressed upon the Legislators that no more mandates as it costs the Towns money. An example is the appeal of the requirement for posting on the Town websites.
11. Selectmen's Concerns
Selectman Dudek reiterated he would like copies of any legal documents before other boards and commissions and comments from the Town Attorney after review.
Selectwoman Iino asked if there was a system in place now for monitoring septic systems. It was noted WPCA is still working on implementing a system.
Selectwoman Iino asked if there has been any progress regarding the signage ordinance for the playing fields. First Selectman Cabral noted Mr. Epright was to go back before Planning & Zoning to discuss this matter.
There was a brief discussion regarding the Transit District and busing for seniors in Killingworth.
12. Visitor Comments - General
Louis Annino Sr. commended the Board of Selectmen on doing a great job.
13. Adjournment
Motion by Dudek, second by Iino, to adjourn at 7:53 PM. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.
The Killingworth Board of Selectmen held its regular meeting on Monday, January 26, 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 7:00 PM.
2. Pledge of Allegiance
The Pledge of Allegiance was recited.
3. Approval of Minutes of Meeting Held January 12, 2009
Motion by Iino, second by Dudek, to approve January 12, 2009 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 following tax refunds as reviewed - Toyota Motor Credit Corp. $42.71, Christine Riggio $181.23, Countrywide (on behalf of Heidi Zenie) $3,804.57, Reifberg, Smart, Donahue & NeJame (on behalf of Susan Nordmann) $66.41, CAB East LLC $122.43 and $44.69, Elizabeth or Robert Miller $6.13 and Edward J. Sipples $59.70. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.
6. Vacancies
The following vacancies were reviewed - IWWC - 1, OEM - 1, Public Health Agency - 5, Housing Partnership - 4, Estuary Council of Seniors - 2, Land Use - 1 and Open Space Committee - 2. It was noted a resignation has been received from Chris Kelly from Killingworth Park & Recreation Commission as of January 23, 2009. Both parties have been informed of this vacancy as well as the Chairman of Park & Rec. The Board thanked Mr. Kelly for his service to the Town. His efforts were very instrumental relative to the STEAP Grant and the Wettish Property. It was also noted in the future Land Use will be known as Municipal Land Use and Open Space Subcommittee will be known as Open Space Committee.
7. Appointments - none.
8. Old Business
A. Change name of Historic Preservation Committee to Historic Review Committee
First Selectman Cabral noted that within the Ordinance this Committee is referred to as an Historic Review Committee and not an Historic Preservation Committee. The name of the committee now needs to be changed to the Historic Review Committee.
Motion by Dudek, second by Iino, to change name from Historic Preservation Committee to Historic Review Committee and all appointments remain in force. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.
Motion by Cabral, second by Iino, to change the name of "Delay of Demolition Committee" in the Committee Charge to "Historic Review Committee" and to approve the Committee Charge as follows - "The Historic Review 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.
B. Change Terms of Appointments for (3) members of Historic Review Committee - Randy Davis & Robert Broach - 2 years, Lewis Scranton - 3 years
Motion by Cabral to change terms of appointments of Historic Review Committee as follows - Randy Davis & Robert Broach - 2 years and Lewis Scranton - 3 years. Selectman Dudek noted this was already done at the last meeting. The motion was withdrawn.
C. Park & Rec - Wettish Property Multi Purpose Fields
Eric Auer (Advisory Committee) and Dan Colonia (Chairman of Park & Recreation Commission) were present. Mr. Auer noted there had been some confusion, but he has since sent the Board members what they feel the real numbers would be for this project - $1,026,000. They are proposing to building the four fields and one entrance into the parking lot. The second entrance would be deferred until later and perhaps use a portion of the $400,000 STEAP Grant building that entrance in conjunction with the next ball field. This would be the first phase and give the Town four fields. Mr. Auer reviewed water and irrigation. He asked for confirmation that the Commission could now go out to bid and hopefully to Town Meeting for approval. First Selectman Cabral asked if bid documents have been approved by the Town Attorney. Dan Colonia noted all questions have been forwarded to Weston & Sampson. Their response will be sent to the Town Attorney upon receipt. Selectman Dudek asked if it was possible for the Selectmen to receive copies of any legal documents sent to any boards and commissions. Dudek noted he would like to be able to see the Town Attorney's comments after his review. Mr. Colonia will email Attorney Well's comments to Dudek and Iino. Attorney Wells noted the major concern in his comments was that there was no contract. Selectwoman Iino confirmed the process is to go out to bid, receive the bid and then everything is contingent upon approval at Town Meeting. Attorney Wells replied yes, but that should be specified in the document.
First Selectman Cabral reviewed funding and the STEAP Grants in detail.
Mr. Colonia noted the bid documents should be completed by the end of February. The companies will then have 30 to 90 days to reply to the bid requests. Dudek noted all companies should be aware that it could be up to 120 days before anyone is selected. There was a brief discussion regarding the number of days.
9. New Business
A. Discussion/Unsafe Structure - Demolition - R. Leighton, M. Wells, Esq.
Richard Leighton noted he was before the Board a few months ago discussing going out to bid and probably offering this property on Route 148 to the fire department. As part of this procedure, Attorney Wells recommended an appraisal be in place before the property is torn down. Leighton noted MKH Appraisals did an appraisal dated 11/17/08. What came out of the appraisal was there is an oil spill where someone may have tried to vandalize the oil tank. The tank is 275 gallons. This situation changes the scope and amount of money required because the oil spill must be cleaned up prior to demolition. Mr. Leighton explained he wanted to go back to Court and compel the property owners to clean up the spill. Attorney Wells noted the Town is required to take the building down. Leighton noted this situation is no longer a $10,000 to $20,000 project. DEP will now have to be involved and that will take some time. Leighton noted he was asking the Board of Selectmen for some guidance as he doesn't know how much it will cost. He also noted he would like some funds to board the structure up as it is a nuisance hazard. The oil spill and demolition will have to go out to bid. Ultimately when this is completed, the Town will be able to recoup the money, but it has to pay it up front to get the work done. There was discussion as to whether the Highway Department could do the boarding up or whether a local contractor should do it. Anything under $5000 requires 3 quotes. It was noted the expense depends on whether or not the dirt has to be dug out. Attorney Wells explained what happened in the Court proceedings. Selectwoman Iino asked if the cost of clean up would exceed the value of the property. Both Leighton and Wells replied they didn't think so, but the clean up cost is really unknown at this time.
Leighton noted he would like to move forward with this and will keep the Board of Selectmen abreast of the cost. He noted the dollars for the boarding up might possibly be able to come out of the Sanitarian's budget. Any further dollars would have to be approved by the Board of Finance.
B. American Heart Association Proclamation "Wear Red Day for Women" - February 6, 2009
Motion by Cabral, second by Iino, to approve the Proclamation proclaiming February 6, 2009 as "Wear Red Day for Women". Voting in favor - Cabral, Iino, Dudek. Opposed - none. Motion Carried.
C. BOS Acceptance of "Heft Brook Lane" as a Town Road
Motion by Dudek, second by Iino, to accept Heft Brook Lane as a Town road. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.
10. RJC Announcements
First Selectman Cabral reviewed a recent meeting of the Selectmen's Association where Representative Joe Courtney to review State monies. There appears to be some opposition in the Senate. It was impressed upon the Legislators that no more mandates as it costs the Towns money. An example is the appeal of the requirement for posting on the Town websites.
11. Selectmen's Concerns
Selectman Dudek reiterated he would like copies of any legal documents before other boards and commissions and comments from the Town Attorney after review.
Selectwoman Iino asked if there was a system in place now for monitoring septic systems. It was noted WPCA is still working on implementing a system.
Selectwoman Iino asked if there has been any progress regarding the signage ordinance for the playing fields. First Selectman Cabral noted Mr. Epright was to go back before Planning & Zoning to discuss this matter.
There was a brief discussion regarding the Transit District and busing for seniors in Killingworth.
12. Visitor Comments - General
Louis Annino Sr. commended the Board of Selectmen on doing a great job.
13. Adjournment
Motion by Dudek, second by Iino, to adjourn at 7:53 PM. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.
