Regular Meeting July 28, 2009

1. Call to Order
The Killingworth Board of Selectmen held a special meeting on Tuesday, July 28, 2009, at the Killingworth Town Office Building, 323 Route 81, Killingworth, Connecticut. In attendance were Selectman Fred Dudek and Selectwoman Catherine Iino. Selectman Dudek called the meeting to order at 7:00 PM.

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

3. Executive Session - Pending Litigation
Motion by Iino, second by Dudek, to go into Executive Session at 7:01 PM for the purpose of discussing pending litigation with Town Counsel, Attorney Michael Wells. Executive Session ended at 7:17 PM, with no action being taken.

4. Approve Minutes - July 13, 2009
Motion by Iino, second by Dudek, to approve July 13, 2009 Minutes amended as follows -
• Under 9.F. Municipal Website, 2nd sentence should read, "Cabral noted the legislation has not passed and the towns are obligated to post and meet the legal requirements as stated or not do this at all."

• Under 9.H. Parmelee Farm Access to H-K Middle School, change the word "Patch" in motion to "Path".
Voting in favor - Iino, Dudek. Opposed - none. Motion Carried.

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

6. Tax Abatements & Refunds
Motion by Dudek, second by Iino, to approve Tax Refunds per attached list. Voting in favor - Dudek, Iino. Opposed - none. Motion Carried.

7. Vacancies
The following vacancies were reviewed - IWWC - 1, Housing Partnership - 1, Public Health Agency - 1, Venuti Prop. Planning Committee - 1, Conservation Commission - 1, Estuary Council of Seniors - 2, Municipal Land Use - 2 and Open Space Committee - 1.

8. Appointments - none.

9. Old Business
A. Yale School of Management - Transfer Station Recommendations. - W. Adametz
Walter Adametz noted he has had conversations with Selectwoman Iino regarding what should be done with the transfer station. There are still some concerns as to what should be done. Mr. Adametz noted the lines will be taken care of. He also indicated they are looking at the Town of Killingworth getting out of the garbage business totally, or, trying to work something out with the Town of Haddam as their transfer station will close in June of next year. Is the Killingworth Transfer Station large enough to handle the two towns and there are concerns about traffic flow. Time has to be allotted for emptying the containers. There was discussion regarding the tipping fees and would those be paid by the consumer or the town. Selectman Dudek noted the townspeople only get police and fire protection and garbage disposal for their tax dollars. Selectwoman Iino noted perhaps curbside pickup would be cheaper than the transfer station. Dudek noted it is time to re-examine this whole thing. Iino noted if there was money available for regionalization projects, perhaps the idea of moving the transfer station should be revisited. Adametz also noted another idea would be to contract a private hauler at a certain rate. It was decided Dudek and Iino would meet with Walter Adametz to discuss this matter further.

B. Lover's Lane Update - W. Adametz
Walter Adametz noted he contacted Tilcon and received a price between $35,000 and $40,000. Selectman Dudek noted he and Mr. Adametz went to the last Board of Finance meeting and requested $45,000. Board of Finance voted to take the money out of the Public Works paving line item and put it back from LOCIP funds when reimbursed. Tilcon noted it would be about 2 to 3 weeks to get this into their schedule. Dudek noted nothing can be done until it dries out. Walter Adametz noted he received a call from John Himmelman of Inland Wetlands Commission. Himmelman noted the IWWC wanted to get together to discuss the plan for Lover's Lane. Adametz told Himmelman it was just going to be routine road maintenance (shim and level). This will not stop the flooding, but hopefully will get more open time. It was noted the only way to fix the road was to put in the pipes, but unfortunately that would be in the hands of DEP and Army Corps.

C. River Road Update - W. Adametz
Walter Adametz noted he met with First Selectman Cabral and Howard Pfrommer in the field to review River Road. The tests results from the chloride varied from 2 to 4 inches deep. Adametz reviewed the two options available, the first option being in the range of between $150,000 to $200,000 and the second option being in the range of $400,000 and $450,000. Adametz noted the River Road Bridge does not qualify for bridge money because the rating is too high. He recommended going with Option 1 which was doing the membrane and fixing the steel. He will meet with H. Pfrommer again to obtain more information on cost.

D. Reservoir Road Bridge Update - W. Adametz
Selectman Dudek noted he visited the site and there was no activity. W. Adametz noted the official start date was July 16th. Brush was cleared, trailer brought in and silt fence installed. There was a site meeting on July 23rd. The temporary power pole was put in on July 22nd. The Code Official is waiting for the CRS # in order to be able to hook it up. Adametz noted he stopped by both yesterday and today and no one was there. There apparently is some paperwork still to be done between Cardinal and the contractor, and a couple issues to be finalized with the CT Water Company.

E. Charter Revision Commission
Sue Adinolfo, Charter Revision Commission Chair, noted the Charter Revisions were given to the Board of Selectmen on July 22nd and the BOS must vote on it by August 6th. A special meeting of the BOS was called for Wednesday, August 5, 2009, at 9:00 AM (First Selectman Cabral will attend by conference call). Selectman Dudek noted the BOS is permitted to either approve the Charter or not approve it in its entirety. There will be no changes. Dudek commended the Charter Revision Commission noting they were given a very short time span to complete their charge. He was pleased the members took the time to review things in detail. The minutes were excellent and captured the essence of discussion that took place. Dudek noted the Commission is now discharged with the handing over of the Charter to the Board of Selectmen. Chairman Adinolfo noted she appreciated the consideration given to the appointments to this Commission and everyone worked well together. Members put in many hours above and beyond the meetings. Dudek reiterated things were examined in detail and he would vote to approve the Charter as submitted. He again noted the Commission was officially discharged.

F. Middlesex Hospital Homecare Agreement/Contract - N. Drew
Natalie Drew noted the Agency has discussed this and is requesting the signing of the contract be tabled until it can be discussed in detail with the Board of Selectmen. Drew reported on conversations she has had with representatives of Middlesex Hospital. She also noted this is not an exclusive right to Middlesex Hospital and in view of the economy, the Town should look at what is out there. Selectman Dudek suggested getting a copy of their By-Laws to review. The contract officially starts on July 1st and was just signed every year without being researched. Drew indicated no one has ever looked at the scope of service. There was discussion regarding wellness clinics, funding and cost of programs. Drew stated the Agency is looking at both health and wellness of the area, both children and adults. She noted it must suit the needs of our community. Selectwoman Iino noted First Selectman Cabral should call the Health Director and request that he meet with the Public Health Agency. Dudek will contact Cabral regarding the Health Director. Iino also noted the PHA should come back to the BOS with its recommendations.

G. Multi-Year Capital Improvement Plan - Update
Walter Adametz noted he has been discussing possible projects for the list with Gina. If the projects are on the list, there is a chance to receive funding. Projects not on the list are not eligible for LOCIP funding. Possible additions to the list were Reservoir Road overlay, River Road Bridge, County Road parapets (joint venture with Madison), and chip and seal on some of the town's gravel roads. Adametz also noted he attended a recent Homeland Security meeting with Jean Davies from CRERPA who indicated the stimulus package funds no longer go through them but through DOT. Adametz noted he would contact DOT.

H. Municipal Website - F. Dudek
Selectman Dudek noted he is working on a preliminary RFP for the Municipal Website. He is waiting to hear back from Larry Sypher with more information. The biggest thing is that it has to be expandable in the future. It was suggested a letter be sent by First Selectman Cabral to every department asking what they would like to see on a wish list for the website.

10. New Business
A. Approve Purchase of Mason Dump Truck & Equipment under CT State Bid Contract
Walter Adametz noted the dealer currently has a truck with a purchase price of $63,296.40. He hasn't researched the extended warranty yet, but will do so. The warranty doesn't have to be purchased for a year. Dudek noted $11,804 would be rolled back into the Public Works Department budget. Adametz noted Central Automotive will auction the old truck for $150.00. He estimated it would go for probably $2000 as is and noted auctioning it off would be better than advertising.

Motion by Iino, second by Dudek, to approve purchase of Mason Dump Truck & Equipment under CT State Bid Contract for $63,296.40. Voting in favor - Iino, Dudek. Opposed - none. Motion Carried.

11. Selectmen's Comments
Selectman Dudek noted a letter was received from the Regional Mental Health Board thanking the Town for its donation of $289.00 to supplement State funds.

Selectwoman Iino asked if anything further was heard regarding the Sustainability Grant. The reply was no.

12. Visitor's Comments - General
Jere Adametz noted nothing has been done to the dirt portion of Chittenden Road between Routes 81 and 80. The water runs over the road and there are a lot of potholes. Walter Adametz noted that road comes under Town Aid Road (TAR) because of its infrequent use. He felt the road must be kept accessible in case of an emergency at the 81/80 Circle and traffic needs to be detoured. Dudek noted the Traffic Safety Committee should be able to supply car counts for that road. W. Adametz also noted that road is a favorite "dumping" ground for tires.

Jere Adametz suggested making the road going to the compactor a town road. It would then be eligible for State money for the stop bar and stop signs. Dudek noted it would have to be examined to see if it meets Planning & Zoning requirements for a town road.

13. Adjournment
Motion by Dudek, second by Iino, to adjourn at 8:38 PM. Voting in favor - Dudek, Iino. Opposed - none. Motion Carried.

Regular Meeting July 13, 2009

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, July 13, 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 - June 22, 2009
Motion by Dudek, second by Iino, to approve June 22, 2009 Minutes as written. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

4. Visitors - Concerning Items on the Agenda
A member of the audience asked whether Agenda Item 9.G. was something that should be brought before the Public Health Agency for discussion.

Lou Annino noted he would like to speak relative to Lover's Lane if the subject comes up and also Town Office Building Expansion.

Motion by Cabral, second by Dudek, to add two items to the Agenda as follows - Under Old Business C. Lover's Lane Update and under New Business I. Historic Documents Preservation Grant. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

5. Tax Abatements & Refunds
Motion by Dudek, second by Iino, to approve tax refunds as follows - Diane Lucier $15.67, Joseph A. Roth or Annamarie Roth $97.29 and Anne Jordan $35.28, all for overpayments. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

6. Vacancies
The following vacancies were noted - IWWC - 1, OEM - 1, Housing Partnership - 5, Public Health Agency - 1, Conservation Commission - 1, Estuary Council of Seniors - 2, Municipal Land Use - 2, Open Space Committee - 1, Water Pollution Control Authority - 1 and Venuti Property Planning Committee - 1.

7. Appointments
Motion by Cabral, second by Dudek, to appoint Jerome J. Havrda to Office of Emergency Management. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

Motion by Cabral, second by Dudek, to appoint Michelle Knockwood, Sandra Ferguson, Ronald Fouke and Eileen Cyrus to Housing Partnership. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

Motion by Cabral, second by Dudek, to appoint Steven Durdy to WPCA. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

8. Old Business
A. RFP Opening - Re-shingling of Resident State Trooper's Office
First Selectman Cabral noted it has come to light this project was done 8 to 10 years ago with 30 year shingles. Dick Leighton and Walter Adametz recently looked at the roof and determined it needs to be replaced. Walter Adametz noted the previous contractor heard about the bid and contacted the town indicating this was done about 10 years ago with 30 years shingles and it really shouldn't need replacing. The contractor took a look at the roof and found the plywood had buckled causing the shingles to buckle. He has since repaired the roof at no charge to the Town. First Selectman Cabral explained this was an appropriate project for the $43,000 stimulus energy funds (roof, insulation, replace windows and furnace). Bids have already been received for the furnace and he would still like to do the insulation and windows. Once the funds are approved, the Town has three years to do the work. Selectman Dudek asked if there was a fee for requesting the bid specifications and if so, a letter should go to those who responded indicating it was determined the roof was under warranty and the fee returned.

B. Final Report from Yale School of Management regarding Transfer Station
First Selectman Cabral noted the final report has been received. Selectwoman Iino noted there were two recommendations she thought the Town should seriously consider. One recommendation was repainting the traffic lines. Another recommendation was to sell dump stickers to Haddam residents. Apparently Haddam has until June of next year to close their transfer station. Cabral noted this was a good idea but several things would need to be worked out. Cabral and Adametz will discuss how this idea would work. Adametz noted there would have to be odd/even days as both towns could not be handled on the same days. There should also be two different color stickers identifying the two towns.

C. Lover's Lane Update
Walter Adametz noted he was asked to get a quote for road maintenance explaining what the road maintenance would entail. He indicated it would be 500 ton of asphalt. Dean Zanardi noted it would be a 2 day job during which time the road would be closed. The cost would be approximately $58,000 (including materials and labor). Adametz also noted he will be meeting with a representative from Tilcon to get a price from them which may be around $40,000. It was noted this does not have to go out to bid because these prices are State bids. No work can be done until the water goes down and the road is dry. There was discussion regarding closing the road now. Adametz explained the road is now delaminating and coming off in layers and felt it should be closed. Lou Annino noted there are two pipes that are completely plugged up and should be cleaned out, along with knocking down the berm that has built up. Cabral instructed Adametz to close the road tomorrow morning due to its deteriorating condition.

9. New Business
A. CRRA Tip Fee Subsidy
First Selectman Cabral noted a letter was received from CRRA indicating there will be a credit of $6 per ton offset. Dudek noted that since the budget has already been approved for 09/10, he felt this credit should be applied toward 2010/2011 budget. Motion by Iino, second by Dudek, to defer taking the credit of $6/ton to the 10/11 budget year (with interest) rather than now considering the 09/10 budget has already been established. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

B. TOB Study Committee - Renovations of Town Office Building
Selectman Dudek reviewed the draft RFP for renovations of the Town Office Building. A major concern of the Committee is that whoever does the work is capable of working on an historic structure and not destroy the integrity of this structure. Dick Leighton has agreed to act as the Clerk of the Works and oversee the project. Cabral also noted the Town is not obligated to take the low bid. Motion by Dudek, second by Iino, that Town Office Building Committee Project Phase I be allowed to pursue RFP for discussion. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

C. Possible Re-scheduling of 7/27 BOS Meeting to 7/28
It was agreed to reschedule the 7/27 BOS meeting to Tuesday, 7/28 Special Meeting due to upcoming caucuses.

D. MOA with UPSEU regarding Mechanic's Position
First Selectman Cabral noted there is a Memorandum of Agreement with UPSEU, union that represents the six member road crew and the Administrative Assistant, regarding the mechanic's position. Motion by Dudek, second by Iino, to approve MOA with UPSEU regarding Mechanic's position. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

E. Multi-year Capital Improvement Plan
First Selectman Cabral noted this has been put on the Agenda in order to look at the 5 year capital plan relative to LOCIP projects. This will be discussed at a future meeting.

F. Municipal Website
Selectman Dudek noted he would take the lead relative to this item. Cabral noted the legislation has passed and the towns are obligated to post and meet the legal requirements as stated or not do this at all.

G. Authorization for First Selectman to sign Agreement/Contract with Middlesex Hospital Homecare for period of 7/1/09 thru 7/30/10
First Selectman Cabral noted there is an existing line item for this in the amount of $3,850. Dr. McLaren noted they are trying to reconstitute the Public Health Agency. One item to consider is budget and what is spent on various health agency related issues, one of which is VNA Nursing. In general there is a lack of information relative to this matter. He asked that when items such as this come before the BOS, the Public Health Agency be considered as a resource to review these agreements/contracts. Motion by Iino, second by Dudek, to table Agenda Item 9.G. and refer Agreement/Contract with Middlesex Hospital Homecare to Public Health Agency for their review and comment. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

H. Parmelee Farm Access to Haddam-Killingworth Middle School
First Selectman Cabral read a letter from Karen Milano, Chairman of Parmelee Steering Committee, to Gary S. Mala, Superintendent of Schools, requesting a foot path access from the Middle School property to the Parmelee Farm. Cabral confirmed this will be east and will not interfere with the Bosco property. The bridge could be built by the Scouts and will have to meet all applicable building codes. Motion by Iino, second by Dudek, to approve the Foot Patch access from the Middle School property to the Parmelee Farm as requested. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

I. Historic Documents Preservation Grant
Motion by Cabral, second by Dudek, that the Town of Killingworth hereby adopts as its policy to support the nondiscrimination agreements and warranties required under Connecticut General Statutes § 4a-60(a)(1) and § 4a-60a(a)(1), as amended in State of Connecticut Public Act 07-245 and sections 9(a)(1) and 10(a)(1) of Public Act 07-142. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

Motion by Cabral, second by Dudek, that Richard J. Cabral, First Selectman, is empowered to execute and deliver in the name and on behalf of this municipality a contract with the Connecticut State Library for an Historic Documents Preservation Grant. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

10. RJC Announcements
First Selectman Cabral noted Gwenne Lally (Democrat) has resigned from the Venuti Property Planning Committee effective June 22, 2009.

First Selectman Cabral noted Michael R. Young (unaffiliated) has resigned from the Conservation Commission effective June 24, 2009.

First Selectman Cabral noted Patricia Worth (unaffiliated) has resigned from the Housing Partnership as she has moved out of town.

First Selectman Cabral noted the Traffic Study Committee had requested from the State a larger "right turn on red" sign at the intersection of Routes 148/81 heading east on Route 148. There is a sign above "no right on red" that drivers do not pay any attention to. The sign above has to remain due to extra weight of a bigger size, however, they will install a larger sign at the stop bar. Selectman Dudek noted the flashing warning light on Route 81 heading south indicating "stop ahead" for traffic light is not working. Cabral will notify the State to fix that light.

First Selectman Cabral noted the Town is still waiting to hear from the State relative to the Stimulus and JAG funds.

First Selectman Cabral noted the Lower Valley Selectmen's Association has reiterated their position regarding the revamping of the Probate Courts. It is anticipated at this time the Probate Court will be either in Chester or Old Saybrook. Selectwoman Iino suggested First Selectman Cabral write our State Senator expressing our desire.

11. Selectmen's Comments
Selectman Dudek asked what the status was of the Reservoir Road Bridge Project.
First Selectman Cabral noted IWWC has been notified that construction of the Reservoir Road Bridge will begin within two weeks, along with the Army Corps. DeRita has received a notice to proceed. The trailer should come in in the next couple of days.

Selectman Dudek asked what the status was of the River Road Bridge. First Selectman Cabral noted there is some funding available, but the Town Engineer doesn't feel the bridge needs to be a complete reclamation. Cabral will call the Town Engineer for an update.
Selectwoman Iino asked if any progress has been made relative to obtaining quotes on a more energy efficient compactor. Walter Adametz noted he has researched this and there is nothing technically labeled as "energy star" or "energy efficient". The only thing that falls under this category is the electrical part of the unit. By updating the bare unit it would be somewhere between $15,000 and $16,000, not including installation, etc. A turnkey operation would be around $28,000 to $30,000. Adametz will obtain a price to replace it with an identical unit.

Selectwoman Iino asked what the status was of the Charter Revisions. Cabral noted the Charter Revision Commission is meeting on Wednesday. They have to send this back to the Board of Selectmen for acceptance and then it goes to Referendum at the November Election.

12. Visitor Comments - General
Jere Adametz noted serious thought should be given to under drainage on Lover's Lane before it is overlaid. He felt raising the road might flood Route 148. Cabral noted this has been considered previously, but the Army Corps of Engineers and DEP will not allow it due to an endangered species. Jere Adametz reiterated the existing pipes should be cleaned out. Selectman Dudek volunteered to research cleaning the pipes with Walter Adametz. W. Adametz and Selectman Dudek reviewed previous suggestions for fixing Lover's Lane which were not allowed by IWWC.

There was discussion regarding town representatives from Killingworth who attend CRERPA. First Selectman Cabral will ask Pat Smulders to be his representative to CRERPA.

Hilary Kumnick noted the silt fencing is still up at the Burr Hill Road Bridge. First Selectman Cabral noted he would call the Town Engineer to contact the contractor to see when it is scheduled for removal.

13. Executive Session - Property Negotiations - Trust for Public Land
Motion by Dudek, second by Iino, to go into Executive Session at 8:45 PM for the purpose of discussing Property Negotiations with Amy Paterson of The Trust for Public Land. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried. The Executive Session ended at 9:03 PM. No votes were taken.

14. Adjournment
Motion by Dudek, second by Iino, to adjourn at 9:04 PM. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.