8.24.2009

Regular Meeting August 24, 2009

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, August 24, 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 August 10, 2009
Motion by Iino, second by Dudek, to approve August 10, 2009 Minutes as written. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

Motion by Iino, second by Dudek, to add item to Agenda as 9A.1 New Business, Send Letter of Support for the Charter. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

4. Visitors - Concerning Items on the Agenda
John Samperi noted he was unclear as to what exactly it was meant by "wording of question" under Agenda Item 9A. He indicated there were rumors going around town and things being said that make him uncomfortable. He asked how the town got to this point. Selectman Dudek noted the Charter was voted down a couple years ago by the Board of Selectmen because the former first selectman wanted the vote to come up during a National Election. The other two selectmen at that time voted it down because they felt it should come up during a local Election. Selectwoman Iino noted as a general rule the Charter should be revisited every 10 years. She briefly reviewed what she had said at the last BOS meeting relative to the question. Mr. Samperi noted there are things in there that are bothersome to some people. He noted the term for the assessor has been changed. Selectwoman Iino noted there should be no discussion regarding individual people. Mike Board noted he agreed with Mr. Samperi. No other town has a term of one year for an assessor. Mr. Board noted the positions of Public Works Director and Finance Director should be posted and interviews conducted, etc. There may be other people who are better qualified.



5. Tax Abatements & Refunds
Motion by Dudek, second by Iino, to approve tax refunds as reviewed and noted on attachment to these Minutes. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

6. Vacancies
The following vacancies were reviewed - IWWC - 1, Public Health - 1, Housing Partnership - 1, Municipal Land Use - 2, Open Space Comm. - 1, Parmelee Steering Comm. - 1, Venuti Prop. Planning Comm. - 1, Conservation Commission - 1, Estuary Council of Seniors - 2 and Town Office Building Study Comm.
- 5.

7. Appointments
Motion by Iino, second by Dudek, to appoint Douglas Ewers to the Conservation Commission. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried. Selectwoman Iino briefly reviewed Mr. Ewers background and experience.

8. Old Business
A. Middlesex Hospital Homecare Agreement/Contract
First Selectman Cabral noted a request has been received from the Public Health Agency to table this item to the next BOS meeting. The Public Health Agency will be meeting with Deb Healey and Dr. Winokur on September 9th to discuss the contract. Cabral also noted Dr. Winokur is anxious to get this moved along. Motion by Iino, second by Dudek, to table Agenda Item 8A. Old Business, Middlesex Hospital Homecare Agreement/Contract to the next meeting. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried. Selectwoman Iino noted it was her understanding that waiting would not create a problem with ordering vaccines. Cabral replied that was correct.

B. Housing Partnership Charge
Motion by Cabral, second by Iino, to approve Housing Partnership Charge as reviewed - "The Housing Partnership is charged with strengthening Killingworth by ascertaining Killingworth's housing needs and researching and recommending innovative approaches to creating diverse housing opportunities." Voting in favor - Cabral, Iino, Dudek. Opposed - none. Motion Carried.


C. Reservoir Road Update
First Selectman Cabral gave the following status update on the Reservoir Road Bridge Project. Clearing and grubbing has been completed. 700' of sediment and erosion control fencing has been installed and inspected by the Wetlands Officer. Jersey barriers have been installed. CL&P has moved the poles. All utilities have been moved. The dewatering basin is in place. The trailer, hydraulic shovel, payloader and rebar are all on site. Selectwoman Iino asked if everything was on schedule. Cabral replied not quite, but he has been assured the road will open by December 1st. They have to be out of the water by September 30th.

9. New Business
A. Charter Revision Referendum - Wording of Question
Motion by Cabral, second by Dudek, to approve the following question for the November 3, 2009 ballot regarding the proposed Charter Revisions - "Shall the Charter of the Town of Killingworth be revised in accordance with the recommendation of the Charter Revision Commission dated July 15, 2009 and approved by the Board of Selectmen on August 5, 2009?" Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

A.1 Letter of Support for Charter
Motion by Iino, second by Dudek, to send letter of support for the Charter. Discussion followed. Motion by Cabral, second by Dudek, to amend the first sentence to read, "We would like to reiterate our support for the revised Charter recommended by the Charter Revision Commission on July 15, 2009." Discussion followed. Motion by Iino, second by Dudek, to make an amendment that the letter be sent to The New Haven Register, The Source and Killingworth Today. This motion was withdrawn by Iino and Dudek. Vote on the First Amendment: Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried. Vote on Original Motion: Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

Motion by Iino, second by Dudek, to send the above approved letter of support for the Charter to The New Haven Register, The Hartford Courant, The Source and Killingworth Today. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

B. BOS Authorization to carry forward unused funding in the amount of $27,380.90 for the Wettish Property Development, take to Board of Finance for approval and then to Town Meeting for vote
Motion by Dudek, second by Iino, to ask the Board of Finance, through the First Selectman, to carry forward the unused funding in the amount of $27,380.90 for the Wettish Property Development from the 2008/2009 Fiscal Year to the 2009/2010 Fiscal Year. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

C. Wettish Property Irrigation Project
1. Recommendation of Park & Recreation
2. Awarding of Bid
Glenn Johnson from Park & Recreation Commission noted they opened the bids for the irrigation system on June 12th. Winterberry Irrigation was the lowest bidder at $39,243.50. The Commission met with representatives from Winterberry Irrigation who adequately addressed a couple of concerns. The Commission would like the Board of Selectmen authorization to enter into a contract with Winterberry. A brief discussion followed regarding a couple of the other bids. Motion by Dudek, second by Iino, to approve recommendation of Park & Recreation Commission to award the bid for the Wettish Property Irrigation Project to Winterberry Irrigation LLC in the amount of $39,243.50. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

3. Contract Signing Authorization
Motion by Dudek, second by Iino, to authorize First Selectman Cabral to enter into a contract with Winterberry Irrigation LLC for the installation of the Wettish Property Irrigation System approved in the previous motion. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

D. BOS Approval of CT Local JAG Federal Grant Program
Motion by Iino, second by Dudek, to authorize the Town of Killingworth to enter into with and deliver to the State of Connecticut Office of Policy and Management any and all documents which it deems to be necessary or appropriate relative to the CT Local JAG Grant Program. Discussion followed. Selectwoman Iino noted she met with Trooper Ward who has a list of items to be submitted. She also suggested there be a special security camera for the Wettish property. Iino will work with Trooper Ward in the next couple of days to finalize the paperwork. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

E. Employee Safety
First Selectman Cabral noted the Town has an Employee Manual governing the employees of the Town and which also supplements contracts with the two Unions. Cabral read a letter from Michele B. Nuhn, Tax Collector, to David Denvir, Chairman of the Republican Town Committee dated 7/14/09 summarizing an incident that occurred at the Town Hall on July 13, 2009 wherein comments were made by John Samperi to Michele Nuhn in the presence of another employee, Jeanette Clegg. Mr. Samperi voiced his displeasure at the Board reading this letter in a room full of people. Mike Board agreed this was the wrong time and place to bring this out with the news media present. Cabral also read a letter to John Samperi and asked the members of the Board of Selectmen if they wished to sign and approve sending the letter to Mr. Samperi. Motion by Dudek, second by Iino, to sign and send letter dated August 24, 2009 to John Samperi as reviewed during Board of Selectmen Meeting of August 24, 2009. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

Selectwoman Iino noted the Board contacted the Town Attorney relative to this letter and was advised it was made public information once sent to the Board of Selectmen.

10. RJC Announcements
First Selectman Cabral noted things are proceeding quite nicely at the Wettish Project.

First Selectman Cabral noted nothing further has been heard yet from the State regarding the Probate Courts. Recommendations must be submitted by September 15th.

11. Selectmen's Comments
Selectman Dudek noted he and Selectwoman Iino, along with Walter Adametz, attended an Inland Wetlands & Watercourses Commission meeting and received authority to proceed with the plan for Lover's Lane. Mr. Adametz advises Tilcon should be doing the work within a week or so. Dudek noted he walked the road yesterday and it is pretty beat up.

Selectwoman Iino noted the JAG Grant is due on Wednesday so there's not enough time to work out the details, but suggested doing a program next time on domestic violence. Both murders that have occurred in this town were related to domestic violence. Cabral noted Youth & Family Services should also be considered.

Selectwoman Iino asked about the Energy Sustainability Grant. Cabral noted Gary Mala would like to talk to the Board relative to this as the school district needs a sponsoring town.

12. Visitor Comments - General
Eric Auer noted that although the weather was bad in the spring, the Wettish project is now making good progress and things are dry. He didn't think they would be ready for seeding this season, so that will have to wait until next spring. If it is not seeded this year, it will be covered for the winter. There was a brief discussion regarding parking spaces. Glenn Johnson explained the issue with the storm outlet going into the neighbor's front yard. A change was made to the design and the water has been diverted from the front yard to the side yard.

John Samperi voiced his displeasure at the Board of Selectmen reading the above noted letters in a public forum noting that he has never made any such comments to anyone in his life.

John Samperi noted he would not comment further relative to the Charter.

John Samperi reviewed the bidding process for the Town of Killingworth and asked for confirmation that the policy he had was the current policy being used. Selectwoman Iino noted, after looking at the document put forth by Mr. Samperi, that she thought that was the current one. Selectman Dudek noted there was a controversy several years ago regarding the bidding policy and the Town Attorney redid it at that time. Mr. Samperi reviewed several jobs that he bid on, one having to do with the Town Office Building boiler, one having to do with the oil furnace at the State Police office in Town and one having to do with the computer room air conditioner.

John Samperi stated he had a concern with the oil furnace bid at the State Police office in that it was recommended by Mr. Leighton the bid be given to RLD Heating & Cooling but it was never voted on by the Board of Selectmen. He further noted Mr. Leighton has nothing to do with the Board's decision other than to make a recommendation. He reiterated the Board of Selectmen never voted on this matter and in fact paid $133.00 more than they should have for the job. First Selectman Cabral explained this was a quote coming in under $5000 and the funds were coming out of an existing budget line item for town owned buildings. Selectwoman Iino noted this was an administrative decision. Cabral noted the Town is not obligated to take the lowest price. This was a quote, not a bid. It was done administratively. Selectman Dudek noted that the acceptance of a quote has nothing to do with whether someone is a member of the volunteer fire department, ambulance or school district. Cabral noted it was the recommendation of the building official to keep all maintenance items together. Cabral then made this recommendation to the other two selectmen who agreed. Samperi confirmed that anything under $5000 is a quote and anything over $5000 is a bid. He asked who signs off on the job. Cabral noted the building official signs off and the bill is then paid.

John Samperi stated he had concerns with the computer room air conditioner job. He stated his bid was $4,900 for a brand new unit and RLD's bid was $2,159. He further stated he checked the serial number on the installed unit and it was a left over unit. Samperi noted the refrigeration line for this unit is running down the outside of the building and is not covered. He further stated there were no permits pulled for this job and no heat load gain submitted. The building inspector is supposed to see that the job is done properly. Samperi stated he would like the Board of Selectmen to ask Mr. Leighton where the permits are for this job.

13. Adjournment
Motion by Dudek, second by Iino, to adjourn at 8:23 PM. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

8.10.2009

Regular Meeting August 10, 2009

1. Call to Order
The Killingworth Board of Selectmen held its regular meeting on Monday, August 10, 2009, at the Killingworth Town Office Building, 323 Route 81, Killingworth. In attendance were First Selectman Richard Cabral, Selectmen 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
Motion by Dudek, second by Iino, to approve July 28, 2009 Special Meeting Minutes as written. Voting in favor - Dudek, Iino. Opposed - none. Abstained - Cabral. Motion Carried.

Motion by Dudek, second by Iino, to approve August 5, 2009 Special Meeting Minutes amended as follows - 7th paragraph, add to first sentence "Selectman Dudek moved the question without objection." Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

4. Visitors - none.

5. Tax Abatements & Refunds
Motion by Iino, second by Cabral, to approve Tax Refunds as reviewed per attached sheet. Voting in favor - Iino, Cabral, Dudek. Opposed - none. Motion Carried.

6. Vacancies
The following vacancies were noted - IWWC - 1, Public Health - 1, Housing Partnership - 1, Municipal Land Use - 2, Parmelee Steering Committee - 1, Venuti Prop. Planning Comm. - 1, Conservation Comm. - 1, Estuary Council of Seniors - 2, Open Space Comm. - 1 and Town Office Building Study Comm. - 5.

Motion by Cabral, second by Dudek, to accept resignation of Hilary Kumnick from the Parmelee Steering Committee and Town Office Building Study Committee with deep regret. Mr. Kumnick was commended for his past service and has been a pillar of this community. Voting in favor - Cabral, Dudek, Iino. Opposed - none. Motion Carried.

7. Appointments - none.

8. Old Business
A. Middlesex Hospital Homecare Agreement/Comtract
First Selectman Cabral noted Dr. Winokur would attend the 8/12 meeting of the Public Health Agency to discuss this matter. Cabral also noted he would be contacting Middlesex Hospital with regard to the scope of services in the contract. Selectman Dudek noted the PHA was going to forward a copy of the letter they sent to Dr. Winokur to the BOS but that has not been received. Motion by Dudek, second by Iino, to table Agenda Item 8A. Middlesex Hospital Homecare Agreement/Contract to be brought up again at the next meeting on August 24th. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

B. Charter Revision - Plans for Publication and Question for Ballot
There was a brief discussion as to whether this should be one question on the ballot. Selectwoman Iino noted as there have been vocal objections raised to a couple of provisions, she thought perhaps it might be wise to not present it as a whole but in separate questions. Iino stated the Board supports the Charter as presented, but was concerned if this was one question only, that perhaps some of the work might be lost if the question was defeated. Selectman Dudek noted there is the notion out that that some people are being targeted by the Charter revisions, when in fact the existing Charter allows for termination, etc. The Charter Revision Commission debated this topic and they were unanimous in their vote to approve the Charter. Selectwoman Iino asked if this should be presented in 3 separate questions. Dudek noted he would prefer 1 question based on the fact the Charter Revision Commission was adamant in their unanimous vote on approving the Charter. Motion by Dudek, second by Iino, to have one question for the ballot regarding the Charter Revisions. Discussion followed. Dudek noted no one is getting cut or terminated as a result of the Charter changes. The comment this was a total rewrite was ludicrous. Iino agreed this was certainly not a wholesale revision. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.

It was agreed the Charter would be published in The Source, which The Source has agreed to do as an insert.

C. Multi-Year Capital Improvement Plan
It was noted two items had been added at the recommendation of Walter Adametz for the Highway Department. This should be on the next BOS meeting agenda.

D. Municipal Website Project - Update
Selectman Dudek noted a letter has gone out to all departments, boards, commissions asking for their input as to what they would like to see in a Municipal Website. There was a brief discussion as to who would be responsible for putting information on the website.

E. Town Office Building - Phase 1 - Status Report
It was noted this is still in the process of writing specifications. Dick Leighton has been asked to assist in this matter. He will also act as Clerk of the Works. Jim Lally has volunteered to do the excavation work.

9. New Business
A. Annual Report for Fiscal Year 08/09
First Selectman Cabral noted the Annual Report is a work in progress. Board of Finance doesn't ask for it until the end of the year.

B. Housing Partnership Charge
First Selectman Cabral recommended this item be tabled. He didn't recall that the Housing Partnership was ever given a specific charge. Selectman Dudek noted Tony Savino had indicated the Partnership came up with their own charge. Cabral noted he would check to see whether the Partnership had submitted anything to the BOS. Motion by Iino, second by Dudek, to table the Housing Partnership Charge and that a charge be created for the next meeting on August 24th. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

C. UPS Drop Box Option
Regina Regolo noted UPS has inquired as to whether they could put a drop box at the Town Hall. It was noted there isn't enough room next to the Fed Ex box that is already there. Ms. Regolo noted she checked with the Library to see if it could go at their location. The Library declined. First Selectman Cabral read the letter from the Library. Motion by Iino, second by Dudek, to find an appropriate spot to put all delivery service boxes in a unified manner. Voting in favor - Iino, Dudek, Cabral. Opposed - none. Motion Carried.

10. RJC Announcements - none.

11. Selectmen's Comments
Selectman Dudek noted at the last meeting nothing had been started yet at the Reservoir Road Bridge. Cabral noted the tree clearing and grubbing was started today. The work in the water must be completed by September 30th. The culverts have been ordered. The big question is will the whole road be paved or just one lane.

Selectman Dudek noted he and Walter Adametz will be meeting with the Wetlands Commission to review the Lover's Lane project.

It was noted the Wettish project is on schedule. They had a slow start because of all the rain. Cabral noted a meeting has not been set up yet with Park & Rec to discuss irrigation. The project should be done and seeded in September.

Selectwoman Iino asked if anything had been done relative to the conversation with Fran Dooley about motorcycles. Cabral noted he spoke to Trooper Matt Ward regarding this matter. Ward indicated the trooper himself would have to be parked at that location and it is almost impossible to get a true reading because of the way the law is written. Iino noted Mr. Dooley indicated to her he never received a response from the Selectmen. Cabral noted he would have Trooper Ward contact Mr. Dooley.

12. Visitor Comments - General
Peg Scofield as head of the Community Garden noted she would encourage the Town to do regular water testing. Ms. Regolo noted Mr. Leighton has suggested adding Water Testing line items to the Sanitarian's budget next year.

There was a brief discussion regarding uranium in the water. First Selectman Cabral noted he would check with Dr. Winokur to see what the Town's obligation is with respect to uranium testing and the posting of results.

Peg Scofield noted she would encourage the Board of Selectmen to actively seek new members for Municipal Land Use as it is a very important committee to the community.

13. Executive Session - Pending Litigation
Motion by Dudek, second by Iino, to go into Executive Session at 8:04 PM to discuss pending litigation. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried. The Board came out of Executive Session at 8:20 PM. No action was taken.

14. Adjournment
Motion by Dudek, second by Iino, to adjourn at 8:20 PM. Voting in favor - Dudek, Iino, Cabral. Opposed - none. Motion Carried.