5.26.2009

Regular Meeting May 26, 2009

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Tuesday, May 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 Regular Meeting held May 11, 2009 and Special Meeting of May 18, 2009
Motion by Iino, second by Dudek, to approve May 11, 2009 Minutes amended as follows - Under Selectmen's Concerns, change 2nd paragraph to read, "Selectwoman Iino asked if CL&P had taken care of the writing on the trees on Chestnut Hill Road." and Under RJC Announcements, 2nd paragraph, last sentence, delete the second "and." Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

Motion by Dudek, second by Iino, to approve May 18, 2009 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 - none.

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

7. Appointments - none.

8. Old Business
A. Award of Bid & Authorization for First Selectman to sign Contract for Reservoir Road Bridge, State Project No. 69-75
It was noted the sentence in the authorization referencing the Waiver for Delayed Award of Contract was not necessary as the contract was going to be awarded May 28, which was before the May 30th date. Motion by Dudek, second by Iino, that the Board of Selectmen authorize First Selectman Richard J. Cabral to sign a Contract and Construction Agreement with DeRita Construction Company, Inc. for the replacement of the Reservoir Road Bridge No. 04716, State Project No. 69-75, on behalf of the Town of Killingworth in the amount of $489,756.25. Selectman Dudek asked if the Town has to front the money. Cabral noted the bills are being sent in, the Town is being reimbursed and then the Town pays the bills. Cabral also noted he wasn't sure if this method of reimbursement was going to continue or whether the Town would have to front the money. He also noted the Town is still waiting to hear about the stimulus money. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried. First Selectman Cabral noted the Town has all the necessary paperwork to proceed with this matter.

B. Discussion/Emailing of BOS Meeting Minutes
Selectman Dudek noted he has thought about this in detail since the last meeting. He indicated he would prefer to do a Town website. First Selectman Cabral briefly reviewed the State Statute requiring posting of minutes and notices on a Town website. Dudek further noted he had a concern about unfair discrimination for those individuals who don't have computer access and must physically have to come in to the Town Hall to look at them. Those individuals could request that copies of all minutes be mailed to them. Selectman Iino pointed out there would be a cost to mailing minutes. There would be no cost for emailing and she didn't see a downside to emailing. Dudek noted his only concern was that it would start with the Board of Selectmen's Minutes and then go on to other boards and commissions. Cabral noted this could open a pandora's box for other boards and commissions to have to email their minutes. Dudek reiterated his personal preference would be to have a Town website, which he initiated about three years ago but the Board of Finance turned it down. Ms. Regolo noted money for the Town's website is in this year's budget and it could be moved forward to the next fiscal year. Dudek suggested a letter be prepared to the Board of Finance for all three selectmen to sign. No action was taken on this item.

9. New Business
A. Park & Recreation Commission - Dan Colonia
Dan Colonia reviewed the Wettish Construction Plan and Budget. He noted the bids were opened for the Wettish Project. The lowest bid was $758,751.27 and the high bid was $1.707,000. Colonia noted he was present before the Board this evening to ask for that money to go ahead with construction. He pointed out the Town already has $500,000 from a STEAP Grant. This bid was without irrigation. Dudek asked what the final total amount would be with irrigation. Eric Auer reviewed the Wettish Irrigation Plan and Budget. Auer noted to set the pump, do the main line to all four fields, and irrigate one large field would be a total of $55,000. After that each additional field would be $23,000 and the two additional small fields would be $133,000. In addition there should be a 5 percent contingency. Dudek asked what happens to the water lines in the winter. Auer noted they are blown out. Auer reviewed the utility building which would be on a concrete pad. The building and utilities will all have to be inspected by the Code Official. There was discussion as to what the monthly electrical bill would be. Auer noted it would be based on usage. Cabral noted the Board of Finance meets on June 9th and a Town Meeting can be held shortly thereafter within the required time frame. Timing for the construction season was reviewed. It was noted there is the possibility there won't be enough time this year to seed it and if not, that will be done in the spring. It was agreed the total figure was $974, 276.00, including a 10 percent contingency on the $758,000 and the 5 percent included in the irrigation numbers. Cabral reminded everyone the Town Meeting would be for all of that money or $975,000 ($500,000 from the STEAP Grant and $475,000 from Town funds). Motion by Dudek, second by Iino, that the Board of Selectmen approve $975,000 for the Wettish Property Development as proposed by the Killingworth Park & Recreation Commission noting that $500,000 is to come from the STEAP Grant. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

B. Acceptance of STEAP Grant for $400,000 for Sheldon Reclamation & Wettish Baseball Field
Motion by Iino, second by Dudek, to accept the STEAP Grant of $400,000 for Sheldon Reclamation & Wettish Baseball Field and to take this to Town Meeting. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried. There was a brief discussion regarding the engineering/design phase for the Sheldon Reclamation & Wettish Baseball Field.

C. BOS Approval of Grady Stoddard Benefit Motorcycle Ride to Travel through Killingworth on June 13, 2009
Motion by Dudek, second by Iino, that the Board of Selectmen approve the Grady Stoddard Benefit Motorcycle Ride to travel through Killingworth on June 13, 2009 with the understanding First Selectman Cabral will write a letter regarding the noise issue. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

E. Alternate Method of Payment for Taxes - Michele Nuhn, Tax Collector
Michele Nuhn was present. She explained she would like to offer taxpayers the option to pay by credit card. The taxpayer would be able to come to the tax collector's office window or call on the phone and pay by credit card, but no payments would be able to made online over the internet. Nuhn reviewed the process noting there is no cost to the Town to set it up or use it. The taxpayer would pay a fee of 2.95 percent directly to the credit card company. The company would advise the taxpayer of this fee before the transaction is complete and they would have the option to not to do it if they chose to. This would include Mastercard, VISA, Discover and American Express. The Town would receive the funds within 3 business days (directly deposited to the Town's checking account minus the 2.95 percent). There is a one year contract that would have to be signed. It was recommended Town Counsel review the contract before it is signed. Motion by Dudek, second by Iino, that the Board of Selectmen approve the credit card alternate method of payment for taxes, upon review and approval of Town Counsel, with the understanding there is no cost involved to the Town. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.


D. BOS Authorization to hold a Public Hearing Regarding Proposed Charter Revision Changes
First Selectman Cabral read the draft public notice for the Board of Selectmen Public Hearing concerning the Proposed Charter Revision Changes. Selectman Dudek asked if written communications would be allowed and will copies be available for the public to review in the Town Clerk's Office. The language of the legal notice was reviewed and changed to include that written communications would be allowed and copies would be available for review in the Town Clerk's Office. Motion by Dudek, second by Iino, that the Board of Selectmen authorize the holding of a Public Hearing Regarding Proposed Charter Revision Changes on June 3, 2009. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

Selectman Dudek asked why the Town has to hold two public hearings - one by the Charter Revision Commission and one by the Board of Selectmen. Cabral explained this gives the Board of Selectmen an opportunity to recommend additional changes after hearing public comment from the Charter Revision Commission public hearing if it chose to do so. There was a brief discussion as to the proper process and time line for making Charter Revision changes.

10. RJC Announcements
First Selectman Cabral noted the June 8th Board of Selectmen meeting has been canceled and rescheduled to Tuesday, June 9th.

11. Selectmen's Comments
Selectwoman Iino asked what the status was of the sewer pumping issue and the letters that had been sent out. Cabral noted some people who received letters had already been pumped out. There was discussion as to what information is available and what staff is actually handling this matter.


12. Visitor's Comments - General
Jere Adametz briefly commented regarding the motorcycle ride through Town on June 13th.

There was a question as to whether or not Agenda Item 9B was to accept the project or to accept the STEAP Grant. Cabral noted it was to accept the STEAP Grant and not the project. It will also have to go before Board of Finance and then Town Meeting.

13. Adjournment
Motion by Dudek, second by Iino, to adjourn at 8:15 PM. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

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.