Regular Meeting June 22, 2009

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, June 22, 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.

Motion by Iino, second by Dudek, to add item under New Business - Renew Venuti Property Planning Committee for six months. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

3. Approval of Minutes
Motion by Dudek, second by Cabral, to approve Special Meeting Minutes of June 9 and 10, 2009 as written. Voting in favor - Dudek, Cabral. Opposed - none. Abstained - Iino. Motion Carried.

Motion by Dudek, second by Cabral, to approve Special Meeting Minutes of June 3, 2009 as written. Voting in favor - Dudek, Cabral. Opposed - none. Abstained - Iino. Motion Carried.

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

5. Tax Abatements & Refunds
Motion by Dudek, second by Iino, to approve tax refunds as follows - Financial Service Vehicle Trust $667.36, Davina Miller $753.30, Charles H. or Catherine M. Burdge $46.41 and Naugatuck Savings Bank on behalf of Samuel W. Guy & Suzanne F. Guy $711.48. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

6. Vacancies
The following vacancies were reviewed - 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 - none.

9. New Business
A. Probate Redistricting - Judge Holly Darin
Probate Judge Holly Darin noted the Governor has signed the Bill for Probate Redistricting and Reforms. The new courts will have a minimum of 40,000 population. Killingworth will be in one of the other districts, not exactly sure yet which one. The Probate Judges have 45 days from when the Governor signed the Bill to come up with a plan for new districts. There is the possibility of a new district being hosted by Old Saybrook consisting of 9 towns with a population of 62,000. The new redistricting will take effect January of 2011, with an Election being held November 2010 to elect a Judge for the new district. Funding for the new system was reviewed. Selectman Dudek asked what the Connecticut Council of Municipalities opinion was. First Selectman Cabral noted they would like to see more courts. They would also like to see the possibility of holding local meetings where either the Probate Judge or the Probate Clerk would go to the smaller towns to meet with individuals. The Judges will still be elected. It was noted the smaller municipalities are at a disadvantage with this new system and could ultimately cost Killingworth more than the current Probate Court does. The new cost would be based on the Grand List. Killingworth could end up paying for other courts. Selectman Dudek noted this is similar to the Public Health District. Dudek also noted the Town of Killingworth is at the mercy of the Legislature as they have the final say in this matter.

B. Housing Partnership Committee - Present 2nd Interim Report
Tony Savino, Chairman of the Housing Partnership Committee, was present. He noted a year has passed since the 1st Interim Report was presented. He reviewed the tax impact on 1 acre vs. 2 acre properties. He also reviewed the number of children enrolled in the school system. Savino reviewed in detail the survey that had been mailed out by the Committee. He indicated the Committee felt the need for people from Region 17 to live in town and the need for over 55 housing. Chairman Savino noted several individuals (responding as part of the survey) indicated they would be interested in joining the Committee and were invited to attend a meeting. Some of these individuals will be filling the 4 vacant positions on the Committee. Savino noted the final phase for the Committee is to write regulations that can be presented to Planning & Zoning for approval. Two major issues are protecting the rural character of the town and protecting ground water. Savino reviewed the Charge of the Housing Partnership. It was to explore housing options - review the need for alternative housing, desire for alternative housing and then craft ways to satisfy those needs. There was discussion regarding starter housing, over 55 housing and accessory apartments. Savino noted the goal of the Committee is to craft well thought out regulations to encourage intelligent balanced housing in town. Copies of the 2nd Interim Report prepared by the Killingworth Housing Partnership were distributed to the Selectmen. The Board thanked Chairman Savino for the presentation.

C. BOS Authorization for First Selectman to sign Contract between Cardinal Engineering and Town of Killingworth for inspection services for Reservoir Road Bridge Project in amount not to exceed $155,100.00
It was noted the Contract has been reviewed and is fine with Town Counsel. Motion by Dudek, second by Iino, to authorize First Selectman to sign Contract between Cardinal Engineering and Town of Killingworth for inspection services for Reservoir Road Bridge Project in amount not to exceed $155,100.00. Discussion followed. Selectman Dudek noted this amount is still within the percentage the Town has to pay of the dollars set aside and below the $200,000. Cabral noted this was always anticipated to be part of it. Dudek asked if the work is inspected, found to be substandard and needs to be redone and reinspected, will there be an additional charge. Cabral replied yes. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

D. Award of Bid for Wettish Property Multi-Purpose Fields to Venuti Enterprises, Inc. in amount not to exceed $758,751.27
Motion by Dudek, second by Iino, to award bid for "Wettish Property Multi-Purpose Fields" to Venuti Enterprises, Inc. in amount not to exceed $758,751.27. Discussion followed. It was noted this has been reviewed by everyone and it is the low bid. It was also noted irrigation is not part of this. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

E. Renew Venuti Property Planning Committee for Six Months
Motion by Iino, second by Dudek, to extend the Venuti Property Planning Committee for six months with the same Charge and members. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

Selectwoman Iino noted Amy Paterson from Trust for Public Land would like to come to the next Board of Selectmen Meeting to meet in Executive Session to discuss property negotiations.

10. RJC Announcements
First Selectman Cabral noted the Reservoir Bridge Project will be starting on July 13th. He also noted the Wettish Project will be starting soon. Bids have come in for the irrigation between $30,000 and $60,000.

First Selectman Cabral briefly reviewed the work that must be done at the Resident Troopers Building which also houses the Emergency Operations Center and Helping Hands.

First Selectman Cabral noted legislation has been passed to allow the towns to readjust their budgets up to 14 percent with regard to the funds being returned to the towns by the school district. Cabral noted he spoke to Superintendent Mala who has been very cooperative in this matter.

11. Selectmen's Comments
Selectman Dudek noted there is are By-Laws for the Public Health Agency, but the Town Ordinance states it is the Public Health Nursing Agency. He also noted he reviewed minutes from the last Public Health Agency meeting in which it was stated they are realigning their Charge. Dudek pointed out the Charge comes from the Board of Selectmen and that each agency should not have its own domain name. The Town is working on establishing its own website. First Selectman Cabral noted he would send the PHA a letter clarifying these matters.

Selectwoman Iino noted she came over Lover's Lane this evening and felt it was very dangerous in view of the recent heavy rains. The water was deep and there were children playing in it. Dudek noted the Town is waiting for the road to dry out before doing any work on it and the Board of Finance must approve the funds. Dudek suggested putting out larger caution signs. Cabral noted he would have Water Adametz take a look at it in the morning.

12. Visitor Comments - General - none.

13. Adjournment
Motion by Dudek, second by Iino, to adjourn at 8:32 PM. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

Regular Meeting June 9, 2009

1. Call to Order
The Killingworth Board of Selectmen held a Special Meeting on Tuesday, June 9, 2009, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were First Selectman Richard Cabral and Selectman Fred Dudek. 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 - May 26, 2009
Motion by Dudek, second by Cabral, to approve May 26, 2009 Minutes as written. Voting in favor - Dudek, Cabral. Opposed - none. Motion Carried.

4. Visitors - Concerning Items on the Agenda
Lou Annino Sr. noted he was happy to see the Board had approved the motorcycle ride through town with the stipulation they must abide by the noise laws. He indicated he received a letter in the mail which will be turned over to the State Police. First Selectman Cabral noted noise in general is something that can be done within communities, but noise from motor vehicles falls under the Department of Motor Vehicles and there are specific standards to handle this matter.

Lou Annino Sr. noted he received a copy of the School Board's audit from last year and could not find any reference to hidden money in a contingency. He further noted the School Board should be ashamed of themselves in the fact that money has been hidden in the budget somewhere.

Jere Adametz asked what the AFSCME contract was. It was noted AFSCME had 3 members who were clerical staff - Assistant Town Clerk, Assistant Assessor and Tax Collector's Clerk.

Rick Albrecht asked if there was going to be a second Board of Selectmen public hearing for the Charter. First Selectman Cabral noted there would not be a second public hearing. There was ample opportunity for people to speak at the previous public hearings held both by the Board of Selectmen and the Charter Revision Commission. Cabral also noted all changes recommended by Attorney Wells were grammatical in nature and had been incorporated into the June 3rd public hearing. Attorney Wells had received the document after the Charter Revision Commission public hearing and commented before the June 3rd Board of Selectmen public hearing. It was noted when the CRC submits its final report to the Board of Selectmen, there is the possibility there may be changes in that report.

5. Tax Abatements & Refunds
Motion by Dudek, second by Cabral, to approve Tax Refunds as follows - William F. Berlepsch Jr. $27.93, VW Credit Leasing LTD $108.32, Nissan Infiniti LT $314.16, John J. or Patricia M. Miller $126.46, Constance E. Harrah $93.18 and $170.08. Voting in favor - Dudek, Cabral. Opposed - none. Motion Carried.

6. Vacancies
The following vacancies were reviewed - IWWC - 1, OEM - 1, Housing Partnership - 1, 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. BOS Authorization and Approval of alternate method of payment for taxes as proposed by Point & Pay
Motion by Dudek, second by Cabral, that the Board of Selectmen authorize and approve the alternate method of payment for taxes as proposed by Point & Pay. Discussion followed. Cabral noted this documentation had been reviewed by Town Counsel. There is no charge to the municipalities. Town Counsel suggested the procedures for this be reviewed with the Board of Finance so they are aware of it, but there no expenditure or appropriation is required. Voting in favor - Dudek, Cabral. Opposed - none. Motion Carried.

9. New Business
A. AFSCME - Approval of Tentative Agreement, BOS approval of a tentative Agreement with AFSCME Council and authorization for First Selectman to sign complete Contract upon receipt
Motion by Dudek, second by Cabral, that the Board of Selectmen approve a Tentative Agreement with AFSCME Council and authorize the First Selectman to sign a complete Contract upon receipt. Discussion followed. Dudek asked if this was the contract discussed with the town attorney. Cabral replied yes. Rick Albrecht asked if the terms for salary could be noted. Cabral stated it was for 3 years, the first year was 2.9%, the second year was 3.0% and the third year was 3.0%. Voting in favor - Dudek, Cabral. Opposed - none. Motion Carried. A copy of the Contract is available in the Town Clerk's Office for review.
B. BOS Acceptance of The Charter as presented on May 26, 2009 by Charter Revision Commission and refers it back to said Commission
Motion by Dudek, second by Cabral, that the Board of Selectmen accepts The Charter as presented on May 26, 2009 by the Charter Revision Commission and refers it back to the Charter Revision Commission. Voting in favor - Dudek, Cabral. Opposed - none. Motion Carried.

10. RJC Announcements
First Selectman Cabral reviewed discussions going in within the State Legislature regarding status of the Probate Courts.

11. Selectmen's Comments
Selectman Dudek noted he received a report from people on Patrick Drive that the water has gone down.

12. Visitor's Comments - General - none.

13. Adjournment
Motion by Dudek, second by Cabral, to adjourn at 7:22 PM. Voting in favor - Dudek, Cabral. Opposed - none. Motion Carried.

Regular Meeting June 3, 2009

1. Call to Order
The Killingworth Board of Selectmen held a Special Meeting on Wednesday, June 3, 2009, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were First Selectman Richard Cabral and Selectman Fred Dudek. First Selectman Cabral called the meeting to order at 7:32 PM.

Others in attendance were Susan Adinolfo, Helen Mahoney, Dick Bauer, Dan Perkins, Richard Pleines, Joan Reed-Wilson, Jamie Young, Bettie Perreault, Rick Albrecht, Dr. Colin McLaren, Linda Dudek and Peg Scofield.

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

3. Public Hearing on Town Charter
First Selectman Cabral briefly reviewed the time schedule being followed by the Charter Revision Commission for revisions to the Charter. He noted this was the first public hearing being held by the Board of Selectmen. First Selectman Cabral read the Notice of Public Hearing into the record.

Cabral asked if there were any written communications to be received. There were none.

Cabral then asked if there was any public comment concerning the Draft of the Charter Revisions.

Rick Albrecht noted he wanted to reiterate something that he had noted at the earlier public hearing held by the Charter Revision Commission relative to the term of the Town Assessor. He indicated he had visited other Town Halls in the area and has found that Town Clerks, Assessors and Collectors terms (some are elected, some are appointed) are no less than 4 years. Some of the terms were even open ended. He felt that a job that would take up to 3 years to become certified should be a 4 year term and not one year.

Dr. Colin McLaren discussed changing the name of the Public Health Nursing Agency and redefine the Charge of this Agency as the objectives have changed since the initial Charter was written. First Selectman Cabral noted the Charge of the Agency would be something brought before the Board of Selectmen. Changing the name is a little more difficult. One problem that may arise is applying for grants. Another problem is that the name is governed statutorily and is in an Ordinance. A change can be made to a Town Ordinance by taking it to Town Meeting. It would also then have to be changed in the Charter. If the timing was good, it possibly could be done with the changes to the Charter this time, otherwise it would have to wait until the next time. It was noted the bigger issue is getting the wording changed in the State Statute. There was a brief discussion as to why the word "Nursing" was in the name of the Agency. Jamie Young noted there are several statutes referring specifically to the term "Nursing" so that may require some phone calls to the State Department of Public Health. Both Cabral and Dudek reiterated the Charge of the Agency would have to come from the Board of Selectmen. Dr. McLaren noted they would make some suggestions to the Board. Selectman Dudek asked the members of the Charter Revision Commission if there was a reference to the Department of Public Health in the Charter. He was concerned about titles and names being very similar. Dr. McLaren reiterated the objectives of the Agency need to be redefined.

Sue Adinolfo, Chairman of the Charter Revision Commission, noted she received comments from Town Counsel after his review which were forwarded to all the Commission members. She indicated there will be a Charter Revision Commission meeting following this meeting at which time those comments will be reviewed. One thing noted was that all numbers should be consistent. Jamie Young noted for legal purposes, the written numbers are the ones considered. Sue Adinolfo noted when everything is put together it will be consistent throughout with regard to the numbers. Joan Reed-Wilson noted usually 0-9 are written out and anything above 9 is numerical.

There being no further public comment, the public hearing was closed.

4. Adjournment
Motion by Dudek, second by Cabral, to adjourn at 7:48 PM. Voting in favor - Dudek, Cabral. Opposed - none. Motion Carried.