Regular Meeting February 23, 2009

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, February 23, 2009, 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.

Motion by Cabral, second by Dudek, to add two items to the agenda under New Business - e) Proclamation for Bruce E. Dodson and f) Award - Securement of 571 Route 148. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

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

3. Approval of Minutes
Motion by Iino, second by Cabral, to approve February 9, 2009 Minutes amended as follows -
 Page 2, under A. Board of Finance, 3rd paragraph, 2nd sentence, change word "costs" to "cost" and 6th sentence should read "The Board of Selectmen will be meeting with the Board of Education on March 24th."
 Page 3, 5th paragraph, last sentence, change "it" to "it's".
Voting in favor - Iino, Cabral. Opposed - none. Abstained - Dudek. Motion Carried.

Motion by Dudek, second by Iino, to approve February 10, 2009 Special Meeting Minutes as written. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

Motion by Iino, second by Dudek, to approve February 17, 2009 Special Meeting Minutes as written. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

Motion by Dudek, second by Iino, to approve February 19, 2009 Special Meeting 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 the following Tax Refunds, all for overpayment of taxes - William B. & Susan Berlepsch, Jr. $29.22, Minying Xu & Guang Hong $8.02, Scott T. Andrews $5.21, Michael S. Amendola Jr. $76.76, William J. & Allyson S. Long $286.86 and Scott M. Struzinski $162.35. Discussion followed. It was noted two of the above were carried over from last month because it was thought refunds were waived under $10.00. It has been determined it is actually the tax that is waived if it is under $10.00 and refunds are waived if they are under $5.00. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

6. Vacancies
The following vacancies were noted - IWWC - 1, OEM - 1, Public Health Agency - 5, Recreation - 1, Housing Partnership - 4, Estuary Council of Seniors - 2, Municipal Land Use - 1 and Open Space Committee - 2.

7. Appointments
Motion by Cabral, second by Dudek, to appoint Colin McLaren, Denise Metcalf, Susan M. Nesci and Ernest J. Pizzuto to the Public Health Agency. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

8. Old Business
A. Traffic Safety Committee - F. Dudek
1. Charge for Traffic Safety Committee
Motion by Dudek, second by Cabral, to approve the following Charge and the 2009 Work Products for the Traffic Safety Committee as proposed.

"CHARGE - To provide advice and assistance to the Legal Traffic Authority (LTA)/Board of Selectmen of the Town of Killingworth, and the Resident State Trooper, on all matters related to traffic safety as it relates to the Town's infrastructure. The Committee will investigate issues and concerns of Town Residents regarding traffic safety, and in turn will make appropriate recommendations to the LTA, Resident Trooper and other Town Agencies to resolve these issues."

"2009 WORK PRODUCTS -
1. Obtain second DOT Traffic Safety Enforcement Grant for the Town (applied for November 2008).

2. Provide administrative assistance to the Resident State Trooper, when requested, in implementation of Grant when awarded. Develop computer model of Town Roads based on smart machine data.

3. Draft requirement that Developers of major building projects (e.g. subdivisions) conduct a traffic impact study at their expense, to include effect on infrastructure, traffic volume and the like. Implement in conjunction with Planning & Zoning.

4. Conduct up-to-date survey of all Town Roads to include existing signage, sight-line issues and input from local residents. Prepare inventory for LTA with suggested priorities.

5. Follow-up completion of outstanding requests to the DOT from 2008 (e.g. Route 148 Speed Limits). Continue to interface with DOT on behalf of the LTA, where requested.

6. Facilitate the installation of a more visible "no turn on red" sign at the intersection of Routes 148 and 81 (heading east on Route 148, south on Route 81).

Voting in favor - Dudek, Cabral, Iino. Opposed - none. Motion Carried.

9. New Business
B. Recreation Commission recommends Scot R. Thomas for H-K Recreation Authority
Motion by Cabral, second by Dudek, to appoint Scot R. Thomas to H. K. Recreation Authority pending approval at Town Meeting. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

C. Charge for Public Health Agency
Motion by Cabral, second by Iino, to approve the following Charge for the Public Health Agency as proposed.

"The Public Health Agency shall assist in the administration of the public health services. They shall keep the Board of Selectmen and Health Director apprised of their deliberations and advise the Board of Selectmen and the Health Director on any matters that may maintain and/or improve the quality of life with respect to the health and wellness of the citizens of Killingworth."

Voting in favor - Cabral, Iino, Dudek. Opposed - none. Motion Carried.

D. BOS Approval of Highway Use Permit for New Haven County Motorcycle Run to Benefit Homes For The Brave, "Female Soldiers:Forgotten Heroes" May 31, 2009
Motion by Iino, second by Dudek, to approve Highway Use Permit for New Haven County Motorcycle Run to benefit Homes For The Brave "Female Soldiers:Forgotten Heroes" May 31, 2009. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

E. Proclamation for Bruce E. Dodson Day
Motion by Cabral, second by Dudek, to approve the Proclamation naming Monday, February 23, 2009 as Bruce E. Dodson Day. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

F. Award - Securement of 571 Route 148
Two quotes were received as follows, both under $5,000 - Ahearn & Sons LLC $650.00 and Schumack Engineering Construction $998.00. Motion by Dudek, second by Iino, to accept the low quote of Ahearn & Sons LLC in the amount of $650.00 for the securement of 571 Route 148. Discussion followed. Selectman Dudek noted it was his understanding there are funds available in the Building Department Budget for this item. Selectwoman Iino noted it was her understanding this does not involve removal of the oil spill. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

A. The Trust for Public Land
Amy Paterson, Project Manager for the Trust for Public Land, was present. She explained they were a national non-profit organization with offices in New Haven. They work with governmental agencies (mostly towns) in preserving land as Open Space acting as a 3rd party facilitator to get the best land transaction for both parties. This is undertaken at their expense, including title search, appraisals and environmental assessments. Paterson noted they also assist towns in finding available funds to purchase these properties for preservation. They seek both private and public sources of funding (State and Federal Grants). The TTPL would also assist the Town in a public campaign including a Town Meeting and/or Referendum. Ms. Paterson noted they would like to see if they can work with the Town of Killingworth and the landowner to come to some sort of a deal. First Selectman Cabral asked if anything must be paid back if the project fails to be approved by Town Meeting or Referendum. Paterson replied no.

The appraisal process was reviewed. This would require two appraisals by the Federal Yellow Book Standards.

The TTPL only requires an informal statement from the Town that it is interested in working with the TTPL for preserving a particular piece of property.

Ms. Paterson reviewed State Grants and what might be available.

Conservation Easements were also reviewed. Paterson noted access must be open to the general public. This cannot be restricted to Town of Killingworth residents only as State funds would be used. She encouraged the Town to decide on its uses right from the beginning.

There was a brief discussion regarding the acquisition of land as transitional. Paterson noted this is known as a 'buy and hold' which they don't do very often. It is only done on a very short term basis.

In summary, Paterson noted they do the agreement with both parties, but everything is contingent upon having available funds.

The Board thanked Ms. Paterson for her attendance and presentation.

10. RJC Announcements
Cabral noted the question arose at a previous meeting if there was any procedure in place for use of Recycle Way by local organizations. He has researched this topic and there have been no 'formal' requests from any organization to use Recycle Way.

Cabral noted the Town is waiting to hear from Robert Bearcat, State Bridge Representative, regarding the Reservoir Road Bridge Project. Everything is ready for the legal notice. This should go out to bid in March. It was decided not to limit bidders to only those on the State list. The Town has been in touch with CL&P, AT&T and Comcast to do some preliminary utility work in March and April.

11. Selectmen's Concerns
Selectmen Dudek asked if tomorrow night was the last budget meeting.

Selectwoman Iino noted she attended the Town Meeting event held on Saturday in Westbrook by U. S. Representative Joe Courtney covering energy and environmental issues. One thing mentioned was the availability of money for energy efficient projects. Have we looked at this relative to the Town Office Building?

Visitors - Concerning Items Not on the Agenda
Jere Adametz noted he had no objection to the Motorcycle Run, but did state they are quite noisy. He also asked if the traffic signal at the new Middle School was still being considered. Cabral noted it is still on the table, but on hold due to the astronomical cost of the project.

John McMahon noted it had been suggested a pre-meeting be held between the Boards of Selectmen and Finance prior to the Board of Education meeting to develop a common theme.

12. Executive Session - an executive session was not held.

Motion by Iino, second by Dudek, to revisit Agenda Item 9A, The Trust for Public Land. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

Motion by Iino, second by Dudek, that the Board of Selectmen write a letter to the Trust for Public Land expressing the Town's interest in having them begin the process of exploring the possible acquisition of the Venuti Property and authorizing the First Selectman to sign said letter. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

13. Adjournment
Motion by Dudek, second by Iino, to adjourn at 8:10 PM. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

Regular Meeting February 9, 2009

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, February 9, 2009, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were First Selectman Richard Cabral and Selectwoman Catherine Iino. First Selectman Cabral called the meeting to order at 7:04 PM.

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

3. Approval of Minutes
Motion by Iino, second by Cabral, to approve January 26, 2009 Minutes as written. Voting in favor - Cabral, Iino. Opposed - none. Motion Carried.

Motion by Iino, second by Cabral, to approve Special Meeting Minutes of January 29, 2009 and February 4, 2009 as written, and February 5, 2009 deleting the word "began" from the 2nd paragraph. Voting in favor - Iino, Cabral. Opposed - none. Motion Carried.

Motion by Iino, second by Cabral, to add the following item under New Business - D. Venuti Property Planning Committee discussion. Voting in favor - Iino, Cabral. Opposed - none. Motion Carried.

4. Visitors - Concerning Items on the Agenda - none.

5. Tax Abatements & Refunds
Motion by Cabral, second by Iino, to approve for payment tax refunds as follows - Christopher Difilippo $91.45, Minying Xu $22.11, Minying Xu and Guang Hong $8.02, Scott Andrews $5.21, Wells Fargo Bank National $36.00, CBCC LLC $16.89, Enrico Melchiorri $15.79, GMAC $135.97 and $160.06 and Robert & Blanche Bagley $18.00. Discussion followed. Selectwoman Iino noted she thought there was an Ordinance in place that refunds were not made for anything under $10.00. First Selectman Cabral noted he would research this for the next meeting. Motion by Iino, second by Cabral, to further investigate items 3 and 4 before approving for payment as those amounts were under $10. Voting in favor - Iino, Cabral. Opposed - none. Motion Carried. Vote on original motion - Voting in favor - Cabral, Iino. Opposed - none. Motion Carried.

6. Vacancies
First Selectman Cabral reviewed the following vacancies -
IWWC - 1, OEM -1, Public Health Agency - 5, Recreation - 1, Housing Partnership - 4, Estuary Council of Seniors - 2, Municipal Land Use - 1 and Open Space Committee - 2.

7. Appointments - none.

8. Old Business - none.

9. New Business
A. Board of Finance - J. McMahon
The following Board of Finance members were present - John McMahon, Hilary Kumnick, Louis Annino Sr., Shawn O'Connell and Gwenne Lally. Board of Finance Chairman John McMahon noted the Town Charter states that the Boards of Finance and Selectmen shall meet at this time of year to discuss spending and priorities for the upcoming fiscal year.

There was discussion regarding the Governor's proposal for the State budget and what the towns will and won't get. First Selectman Cabral indicated it has been noted that ECS and Special Education funds will not be cut.

Gwenne Lally felt strongly that it is incumbent on the town to be much more proactive in looking closely at the school board and school administration. She noted frequent bus stops costs the town money in extra fuel and time spent. First Selectman Cabral noted there may be a State Statute that governs school bus stops. Peg Scofield noted several people brought this up last year. First Selectman Cabral noted the School Budget should be available in the town hall by March 5th. The Board of Selectmen will be with the Board of Education on March 24th. The ADM (average daily membership) was reviewed. Selectwoman Iino asked if there has been any sense of children coming back to public schools from private schools given the economy.

John McMahon asked what the anticipated revenue would be for the upcoming year based on the Grand List. It was noted the Grand List went up less than 1 percent from $806,000 to $808,000. The Board of Finance expects collections to reach 97 percent. It was also noted the Tax Collector has indicated there have been a number of requests for a tax payment plan. The former Tax Collector did not allow for tax payment plans, however, the current Tax Collector will accommodate those requesting payment plans. Tax collections so far this year are at 94.7 percent as compared to 95.3 percent this time last year.

There was discussion regarding the Wettish property and bond anticipation notes.

First Selectman Cabral noted they will be taking a close look at the 5 Year Capital Plan, including equipment for the fire department and highway department. Cabral noted last year money was put aside for both the fire and highway departments separate from the Capital Plan. This had not been done in the past.

There was discussion regarding regionalization. First Selectman Cabral noted some towns are totally in favor of it, others do not want it and others are in favor of it in certain areas only. Cabral noted the Probate Court system is being looked at by the State and the Court may end up in Middletown.

There was a brief discussion regarding highway projects and solid waste disposal.

Gwenne Lally noted it would be in the best interests of the town to look at any opportunities that may exist.

Hilary Kumnick asked if there were any new organizations that were going to be added to the budget this year. It was noted the Rushford Center has made a request. It was also noted the Board of Finance would like to see all requests, even if it a zero figure.

Hilary Kumnick noted there are some capital projects coming up (Town Clerk, Parmelee House, Building Department) and asked how these were being budgeted for. Gina Regolo noted the capital items haven't been discussed yet. Perhaps these could be bundled in with the $500,000 for the Wettish Property.

John McMahon noted it would be his recommendation that based on numbers from the State that if Town Aid Road is down 20 percent, then the Highway Budget should be down 20 percent.

There was discussion regarding the Reservoir Road Bridge Project. First Selectman Cabral noted there is a good chance the Town may receive 100 percent financing going forward for this project from the stimulus money. This is a shovel-ready project.

B. Traffic Study Committee - F. Dudek
In Selectman Dudek's absence, First Selectman Cabral noted the Traffic Study Committee was not reappointed. Requests have been received from the Resident State Trooper and the TSC Chairman that this be reconsidered and a new charge be given.

C. Facility Use Agreement Discussion - Indemnification & Hold Harmless - R. Cabral
There was discussion regarding the general liability for the Town. First Selectman Cabral reviewed a recent incident where a tent blew down and struck two cars. The organization sponsoring the event on town property has approached the town inquiring if the town's insurance will cover the damage. Cabral noted there is no coverage unless the town was negligent on its part which it wasn't with regard to this incident. It was noted outside organizations should sign a hold harmless agreement and provide a Certificate of Insurance showing proof of liability coverage. There was discussion as to whether or not a Certificate of Insurance should be required. Lally noted some organizations cannot afford to carry liability insurance. It was suggested may be the Lions Club could act as sponsor for some of these events and provide a Certificate of Insurance. Perhaps a certain level of activity would trigger the requirement for a Certificate of Insurance. Scofield asked who would set that threshold. Cabral noted it would most likely have to be an Ordinance approved at Town Meeting and would have to be reviewed prior to that by the Town Attorney. He also noted this has been recommended by the Town's insurance company. First Selectman Cabral noted it would research past forms and permit requests for individuals or organizations who wished to do something on town property to see what the procedure has been.

Selectwoman Iino noted the Venuti Property Planning Committee met this evening and voted to recommend to the Board of Selectmen they enter into an agreement with the Trust for Public Land to research and begin negotiations for acquiring that property. It was decided a representative from the Trust for Public Land be asked to attend the next BOS meeting to make a presentation.

10. RJC Announcements
First Selectman Cabral noted it was agreed at the last BOS meeting that Park & Rec could have Weston & Sampson put together a bid package for the Wettish property. This has been sent to Town Attorney Michael Wells for review. This process was previously approved at a cost of $4,500.

11. Selectmen's Concerns
Selectwoman Iino asked if the "unsafe structure" discussed at the last meeting was boarded up. Shawn O'Connell noted nothing has been yet.

12. Visitor Comments - General
John McMahon asked what the status of the municipal budget was. First Selectman Cabral noted the process is on schedule.

Lou Annino asked if there has been any discussion about changing town hall hours. He noted there should be less requests from the public now, especially in the area of real estate transactions. Does the Town really need to stay open all the time? Gina Regolo noted Town Hall hours is one of the subjects being discussed. Selectwoman Iino noted there has been some discussion and there will be more. She also noted she would still like to see the Town Hall open one evening per week. First Selectman Cabral noted there are no monthly staff meetings. Gwenne Lally asked if there are swing lunches. Cabral noted swing lunches occur in departments where there is more than one person working.

13. Adjournment
Motion by Iino, second by Cabral, to adjourn at 8:37 PM. Voting in favor - Iino, Cabral. Opposed - none. Motion Carried.