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EAST LYME BOARD OF SELECTMEN Scrolling down or clicking the bookmarks will take you to the minutes for meetings held in February. |
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SPECIAL MEETING OF FEBRUARY 5, 2008 EAST LYME BOARD OF SELECTMEN MINUTES
PRESENT: Paul Formica, Rob Wilson, Pam Rowe, Andrew McKirdy.
Mr. Formica called the meeting to order at 5:07 p.m., and led the Pledge.
He commented that there was no Delegations item on the agenda and he was willing to add an item if requested.
He commented that he was anxious to get started with the budget process and noted the pictures included in the budget books. He added that the photos reflect community activities and resources and this budget process needs to fund that community and its activities and resources. He thanked Finance Anna Johnson for the quality of the budget book that has been produced and for all the time that it took. He noted that there will be three books available to the public at the Library – one can be taken out, the other two are to remain in house for viewing.
POLICE DEPARTMENT: Sgt. Crooks was present and reviewed his budget. He noted that the biggest impacts on his budget were manpower and contractual agreements and new vehicles control much of this. He commented that presently, he is 5 personnel down and therefore, he has increased his overtime to $247,157 and it is now reduced to $232,157 it might be difficult to handle the shortage. He noted that the training line had been reduced from $38,275 to $34,275 and he would like to be restored. He said that any new hire costs $3000 from their miscellaneous supplies account and the academy is 23 weeks long, plus 10 weeks of field training. He expressed concerns regarding his vehicles.
Mr. Formica responded that he had cut this item with the hopes that once the Contingency Account is established, that this account can pick up many of the fluctuations in the budget. He commented that on the capital side, one vehicle had been cut and once the OPM Grant Public Safety Grant was received ($250,000) two police vehicles will be purchased and one is in this year’s budget totaling 3 cars. He added that this budget is effective July 1st and by then, he was hopeful that some of the new staff that was needed would be operational. He said that he and staff were being proactive in pursuing Homeland Security Grant funding.
Officer Levandoski noted that it would take until Christmas before everyone was on board.
Sgt. Crooks noted he was continuing with the hiring process, but that there is a certified officer interested in coming on board.
Rob Wilson inquired about the boat fuel and why it was not included in the fuel budget?
Mr. McKirdy noted that the narrative totals do not equal the budget totals on this budget.
Ms. Johnson stated that the budget sheets contain the correct totals and to disregard the totals on the narrative sheets.
Sgt. Crooks passed out extra material for the Board’s perusal.
Mr. Formica passed on his thanks to the Police Department for all that they do.
Mr. Wilson left the meeting at 5:35 p.m.
NIANTIC FIRE DEPARTMENT: Chief Ron Pringle stated that his operations budget had a 0% increase thanks to the East Lyme Ambulance fund THAT pays for their fuel. He added that salary lines are contractual and that the capital will be satisfied when the public safety grant funding is received.
Mr. Formica noted that he had removed $6000 from Capital and that he was actively pursuing more public safety funds and that he was calculating that he would be able to get grants for this capital expenditure.
Mr. McKirdy noted that it was hard to take issue with a 0% increase budget.
Mr. Formica asked that the East Lyme Ambulance Association be thanked for their continued generosity.
Ms. Johnson noted the list of departments that the Board should review and notify her if they wished to have the Department Head present to review their budget.
Mr. McKirdy noted Mr. Formica’s budget cover letter and suggested reviewing those topics that will severely impact the budget such as increases in health care costs and fuel.
FLANDERS FIRE DEPARTMENT: Chief Kyle Foley noted that his operations budget reflected a 0% increase and those salaries increased but were contractual.
Mr. Formica inquired about the request to increase Sunday hours.
Chief Foley noted that about 15 years ago, Sunday hours were cut back to 8:00 p.m. He was now requesting that these hours be restored and they would open the station until 11:00 p.m. on Sunday due to the increase in calls and activity. He added that this increase would entail 156 hours at a cost of $2700. He commented that the volunteer staff is dwindling and future capital costs would be much higher.
Mr. Formica thanked Chief Foley and responded that he was committed to providing the needs of public safety.
Ms. Hardy entered the meeting at 6:00 p.m.
FIRST SELECTMAN: Mr. Formica noted no increase in the operational budget other than personnel services. He commented that the subcommittee of the Board was meeting with representatives of the unaffiliated and would come forward with a recommendation sometime in April and that Council 4’s contract was in negotiations.
Mr. McKirdy inquired why line 212 Receptionist / Floater and line 250 Printing / Binding / Advertising was left in the budget if no funding was included?
Ms. Johnson noted that they would not appear in next year’s budget book.
Ms. Hardy noted that she had received complaints about no one answering the phones at Town Hall from the Reception Desk and inquired if there was difficulty in manning this position?
Mr. Formica stated that he had just held some discussion with the Receptionist about reducing her hours since the insufficient workload made it difficult to justify a full 37.5 hours. He added that he was working out ways to get the phone answered when the desk was not manned.
Mr. Hogan entered the meeting at 6:07 p.m.
Ms. Hardy inquired if Mr. Formica believed that Charter Revision would be completed during this budget? She stated her belief that there is not enough money included in Ad Hoc to cover a full fledged Charter Revision Commission and all that it entails.
COMMISSION ON AGING: Senior Services Coordinator Cathy Wilson introduced herself noting that she had been in this position since 1994, and introduced her Commission Chair Phillip Mountain. She adding that the big increase in her budget was her request for a half time person to work 19.5 hours. She reviewed some statistics with the Board noting that her office of 2 services 34% of the Town’s population. She added that this request had been cut from last year’s budget, but if allowed, would greatly increase the efficiency of her office.
FINANCE: Ms. Johnson noted that salaries are not increased in the departmental budgets and that the contract expires on June 30th for the Union positions.
Mr. McKirdy inquired if a portion of the Finance Director’s salary was reflected in another budget line?
Ms. Johnson replied in the affirmative adding that a portion of her salary was included in the Water and Sewer budget.
Mr. Formica noted that there would be no budget hearing tomorrow night since we had a regular meeting. The next scheduled budget review session was for Thursday evening, February 7, 2008 from 5:00 – 7:00 p.m.
Ms. Hardy stated that she would not be able to make this meeting.
Mr. Hogan complimented Ms. Johnson on the budget book noting that it was extremely legible and understandable and a great improvement from last year.
MOTION (1) Ms. Rowe moved to add Public Discussion to the agenda for February 5, 2008.
Seconded by Mr. Hogan. Motion passed 5-0.
PUBLIC DISCUSSION: Mike Schulz of Lovers Lane inquired how many hours a full time town employee works and do part time employees get full benefits or a percentage? He inquired if the Town had an inventory control program for town property and was it done annually?
Mr. Formica responded that he would research the questions and provide answers.
MOTION (2) Mr. McKirdy moved to adjourn the February 5, 2008 Special Meeting of the East Lyme Board of Selectmen at 6:39 p.m.
Seconded by Ms. Rowe. Motion passed 5-0.
Respectfully submitted,
Darlene C. Stevens, Recording Secretary
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EAST LYME BOARD OF SELECTMEN MINUTES
PRESENT: Paul Formica, Andrew McKirdy, Pam Rowe, Jack Hogan, Rob Wilson, Rose Ann Hardy.
ALSO PRESENT: Finance Director Anna Johnson, Attorney Michael Satti, Attorney Eileen Duggan.
Mr. Formica called the meeting to order at 7:34 p.m. He noted the presence of Boy Scout Troop 240 in the audience and requested that they lead the Pledge.
Mr. Formica introduced Eric Kwasniewski and Peter Cleary to the audience and noted that they had just retired from the East Lyme Police Department.
Sgt. Crooks stated that these two gentlemen have served the State of CT and the Town of East Lyme for over 60 years combined. He added that they are leaving with the same honor and integrity that they started with and that they have done a commendable job.
The Board of Selectmen thanked them for their service and congratulated them on their retirement.
1b. Additional Agenda & Consent Calendar Items There was none.
1c. Delegations Bev Picazzio of 28 Grassy Hill Road read the Notice of Public Hearing regarding Walnut Hill LLC that took place on Monday evening with the Conservation Commission into the record. She added that she had attended the meeting and it was a disgrace.
Mark Christianson of 66 Grassy Hill Road complained about the “abysmal conduct of Chair Hafner” at the Public Hearing. He added that there was confusion by the Commission as to what they were reviewing that evening i.e., 5 acre Delrusso piece or the entire subdivision. Chair Hafner stated that he would continue hearing from the public until about 9:20 p.m. or so and then continue the hearing until next month. At about 9:40 p.m. Chairman Hafner called a recess to give the developer’s engineer time to check some calculations. The room began to empty. Attorney Harris was overheard requesting Chair Hafner to close the Public Hearing after his engineer had answered and verified calculations and this was before everyone had spoken. The meeting resumed. Dr. Cooper stated that these calculations would likely result in substantial flooding downhill and downstream from this project. All calculations based on dry ground and dry catch basins. He told the Commission that it was unfair to close the hearing since Chair Hafner had indicated that it would be continued next month and many people who wanted to speak had left based on his statement. He commented that he has never seen or heard such outrageous behavior by Chair Hafner and his fellow commissioners. He said that they do a disservice to the Town. He was present this evening to suggest that the Board of Selectmen take proper action. He said that when full public action is denied, democracy dies. The Commission denied taxpayers the right to voice their opinion and concerns for the betterment of the Town.
Bonnie Dombrowski of 103 Walnut Hill Road stated that decisions made by employees and commission members of the Town must be made in a fair and unbiased manner. She requested that the Board of Selectmen form an Ethics Commission modeled after the one in the Town of Old Lyme.
Tom Kalal of 80 Grassy Hill Road stated that he wanted to bring environmental concerns to a higher level in particular flooding on Walnut Hill, Grassy Hill and all areas downstream along Latimers Brook. He stated that an environmental review could be requested on environmentally sensitive land. He offered a petition requesting an environmental review (ERT) of the proposed Walnut Hill Chase application (Attachment A). He added that only a land use official can make this request and our Town Planner has refused. He commented that it was now up to Mr. Formica.
Nancy Kalal of 80 Grassy Hill Road stated that it was her opinion that developers have more influence on the Commissioners than the taxpayers. She added that their group is willing to meet anytime to discuss all issues. She stated that she found Chair Hafner’s and Ms. Bodenhofer’s behavior insulting and they should be removed from the Commission and the public hearing reopened. She commented that their group should not have to incur legal expenses to discuss the pertinent issues however; they are prepared to hire an Attorney to represent their interests. She requested that all town meetings be televised since it keeps people honest. She added that Chair Hafner owes Dr. Cooper an apology.
Patricia Butterfield of 6 Upper Walnut Hill Road commented that this part of town has always been rural; no street lights or sidewalks. The Town is on the developer’s side and our rural way of life is disappearing. She added that she is also concerned that there might not be enough water.
Bob Hudyma of 41 Grassy Hill Road noted that the soil on Pigeon Hill holds water on the top and half of this property is wetlands. He commented that the Army Corps of Engineers should have been contacted. He intimated that Keith Hayden is working for the builders and the commission members represent the builders not the taxpayers.
Paul Renshaw 18 Atwood Drive said he was present to comment on the Executive Session tonight regarding Paul Holmes. He noted that he has held this part time position with the Police Department for 22 years. He added that Mr. Holmes will not be present tonight but he has responded in writing. He requested that the Board consider his response and the supporting documents. He requested that the session be postponed which had been denied.
John Drabik of 18 Drabik Road noted that Rings End Lumber has cut employee hours and Boats Incorporated has laid off 6 people. He stressed that local businesses do not want to see a tax increase and that the people cannot absorb it. He added that the landfill is a mess and the recycling truck has garbage spilling out everywhere. He suggested taking the recycling part away from the Town and farm it out to private enterprise.
Bob Gadbois of 358 Boston Post Road complained that the meetings are not shown on Channel 22 as they are scheduled. He explained that he resigned from the Water and Sewer Commission because Mr. Fraser was appointed to the Commission and he refuses to work with someone he cannot trust. Mr. Formica said that if he was elected he would move the Selectman’s Office back where it was and that Ledge Light would be moved out of Town Hall and nothing has been done.
1d. Approval of Minutes, Meeting of January 16, 2008 MOTION (1) Ms. Rowe moved to approve the minutes of the Board of Selectmen meeting of January 16, 2008 as submitted.
Seconded by Mr. Wilson.
Ms. Hardy inquired about the First Selectman’s Report, Item 5b; and inquired if the date listed for Celebrate East Lyme was correct?
Mr. Formica stated that the minutes accurately reflect what he said. He continued that there is some discussion of changing the date to align with the Lobsterfest, but no change has been made as yet.
Aye: Mr. Formica, Ms. Hardy, Ms. Rowe, Mr. Wilson. Nay: None. Abstain: Mr. Hogan, Mr. McKirdy. Motion passed 4-0-2.
1e. Consent Calendar MOTION (2) Mr. Wilson moved to approve the Consent Calendar for the meeting of February 6, 2008 in the amount of $1265.80.
Seconded by Mr. Hogan. Motion passed 6-0.
2a. Appointments – Water and Sewer, Smith Harris Commission and Planning Commission MOTION (3) Mr. McKirdy moved to appoint David Murphy of 490 Boston Post Road, East Lyme, CT to serve on the Water and Sewer Commission through January 4, 2010.
Seconded by Ms. Hardy. Motion passed 6-0.
MOTION (4) Mr. McKirdy moved to appoint Beth A. Hogan of 10 Wildwood Drive, Niantic, CT to serve on the Smith Harris Commission through January 2, 2012.
Seconded by Mr. Wilson. Motion passed 6-0.
MOTION (5) Mr. McKirdy moved to appoint Robert J. Kleinhans of 64 Old Black Point Road, Niantic, CT to serve as an Alternate on the Planning Commission through December 7, 2009.
Seconded by Mr. Hogan, Motion passed 6-0.
Ms. Hardy requested an updated Town Assignment list for the Selectmen
2b. Budget Transfer $13,500 for Additional Auditing Services MOTION (6) Mr. McKirdy moved to approve and forward to the Board of Finance the transfer of $13,500 from Account 8-01-01-114-200-290 (Insurance – PD&L) to account 8-01-01-126-200-231 (Audit Services) for additional services related to completing the June 30, 2007 audited financial statements.
Seconded by Mr. Hogan.
Finance Director Anna Johnson noted that due to the transition of the Finance Directors the auditors needed to perform additional services.
Ms. Hardy inquired if the books were reviewed before Ms. Johnson came on board?
Mr. Formica replied that the reconciliation and transfers were needed and it was deemed more prudent to have the auditor perform these tasks.
Motion passed 6-0.
2c. Special Appropriation $6250 – Youth Services – Grant Monies from State MOTION (7) Ms. Rowe moved to disburse grant funding from the State as follows and to forward to Board of Finance for their approval: $3000. to line item staffing account # 8-01-45-422-100-415, $3250 to line item miscellaneous supplies account # 8-01-45-422-300-320.
Seconded by Mr. McKirdy.
Ms. Hardy inquired if this money and the next special appropriation was money that had already been figured into the budget as operating costs and had been anticipated?
Ms. Johnson responded that it was unanticipated revenue.
Ms. Hardy inquired if there had been any funding in the professional development line originally for Youth Services?
Ms. Johnson responded that originally, $500.00 had been in the line.
Motion passed 6-0.
2d. Special Appropriation $250. Youth Services – Reimbursable from Smith Insurance funding MOTION (8) Mr. Hogan moved to appropriate $250.00 to account # 8-01-45-422-300-321 from a check received from Smith Insurance for the purchase of shirts, basketballs and end of the year banquet for Challengers Basketball and to forward it to the Board of Finance for their approval.
Seconded by Ms. Rowe. Motion passed 6-0.
2e. Special Appropriation $2500 – Youth Services – Reimbursable from 501c3 Closeout MOTION (9) Mr. Wilson moved to appropriate $2500 to the Professional Conference line account # 8-01-45-422-300-242 and to forward this request to the Board of Finance for their approval.
Seconded by Mr. Hogan. Motion passed 6-0.
2f. Contingency Grant - $250,000. MOTION (10) Mr. McKirdy moved to authorize the First Selectman to sign and submit a $250,000 contingency fund grant application to OPM and once awarded, to allocate the funds for the public safety related capital items noted on the attached schedule.
Seconded by Mr. Wilson.
Ms. Hardy noted that she did not recall these items being discussed by the Selectmen. She inquired if it was true that the division of the money was based on recommendations of emergency personnel?
Mr. Formica replied that since the grant funding was for public safety capital purchases, he had a meeting with the Fire Marshal, State Police Sgt., Officer San Juan, and Chiefs Foley and Pringle.
Ms. Hardy stated we just purchased a Fire Marshal vehicle 2 years ago and inquired why this was a high priority item and the vehicle requested was more expensive than those requested for the police.
Mr. Formica commented that the vehicle was for the Deputy Fire Marshal and it was a more expensive vehicle because it needed to be larger because of all the equipment they needed to house within it.
Ms. Hardy stated that the policy has been to purchase two police vehicles per year in the budget and this grant will enable us to buy two.
Mr. Formica noted that the cruiser purchases had been cut from the budget for this year and only one is reflected in the budget through capital.
Ms. Hardy stated that the partial lease payment for the radio upgrade has yet to be approved. She inquired what would happen to the funding if it was not approved?
Mr. Formica stated that it would come back to the Selectmen for another recommendation.
Ms. Johnson stated that the Town could apply for an extension of time in which to expend the funding.
Motion passed 6-0.
2g. Executive Session – Discussion concerning the compensation of the prior First Selectman MOTION (11) Mr. McKirdy moved to enter into Executive Session in the First Selectman’s office to discuss the compensation of the prior First Selectman, a public officer, pursuant to General Statutes 1-200(6)(A) at 8:44 p.m., and to invite Attorney Duggan and Finance Director Anna Johnson to attend as appropriate.
Seconded by Mr. Hogan.
Mr. Formica stated he would be recusing himself from this session since the prior First Selectman’s compensation decision might have an impact on him.
Motion passed 5-0.
The Board re-entered regular session at 9:10 p.m.
Mr. McKirdy stated that legal counsel and the Finance Director had advised them that when Ms. Hogan was First Selectman, there were errors made in her compensation. The position was entitled to COLA’s awarded prior to her becoming First Selectman. She was First Selectman for two years and was under compensated for that time.
MOTION (12) Mr. Hogan moved to recalculate the salary of former First Selectman Beth A. Hogan in accordance with the attached schedule, (Attachment B) effective December 5, 2005, said schedule to continue to apply to the position to First Selectman.
Seconded by Mr. Wilson. Motion passed 5-0. (Mr. Formica recused himself).
MOTION (13) Mr. Wilson moved to approve the transfer $9000 from account 8-01-01-114-100-124 (Pension) and $11,448 from account 8-01-01-114-200-290 (Insurance – P D & L) to account 8-01-01-101-100-111 (First Selectman) for the purpose of compensation due to former First Selectman Beth Hogan and to establish the salary rate for the current First Selectman Paul Formica and to forward it to the Board of Finance for their approval.
Seconded by Mr. Hogan. Motion passed 5-0. (Mr. Formica recused himself).
Due to holding the second part of the Executive Session in public session and the time that this would entail, it was suggested that Item 3a., Gym Floor Update be reviewed now.
MOTION (14) Mr. Wilson moved to move Item 3a., Gym Floor Update forward and review it now.
Seconded by Mr. Hogan. Motion passed 6-0.
3a. Gym Floor Update Town Building Chair Jerry Burkhardt was present and noted that last summer when the re roofing of the High School was being performed, the roof was open and it rained and water inundated the gym floor causing damage and buckling. The contractor and our insurance carrier were notified. The Town’s policy did not cover and the Town Attorney commenced legal action against the contractor. At a Town Meeting last fall, an appropriation was approved for the surplus roofing funds to be used to replace the damaged gym floor. Drying equipment and sanding were utilized, but the decision was to replace the entire playing surface of the floor. The sub flooring was not touched due to asbestos issues and they found moisture below the Styrofoam layer. A decision was made to lift the Styrofoam and let the area dry out. There was no damage to the bleachers and the funding in the special appropriation did not include replacement of the bleachers. If removed they need to be replaced with handicapped accessible bleachers at a cost of approximately $120,000. He added that they are discussing purchasing extra wood for underneath the bleachers to have on hand since it is easier to order the entire product at once.
2g. Executive Session Concerning Appointment, Performance and Employment of Part Time Officer Paul Holmes Mr. Formica introduced Labor Attorney Eileen Duggan and Special Counsel Michael Satti Attorney Duggan noted that Chapter 4 of the Charter governs the appointment and reappointment process of special constables. They are recognized and provided specific benefits under the Collective Bargaining Agreement that the Town has, the issues of appointment and reappointment are not governed by the Collective Bargaining Agreement but by the Charter. As such, in the event the Board of Selectmen decides not to reappoint an officer, that decision would not be subject to the just cause provision that is contained within the Collective Bargaining Agreement. This is not a disciplinary or discharge decision for the Board to make under the Collective Bargaining Agreement, rather it is governed by the Ordinance in the Charter. As you know the Town deferred its decision on the reappointment of Special Constable Paul Holmes in December of 2007 upon various concerns regarding his work performance. Rather than rush to a decision, the Town although not obligated to do so, has taken the time to review these concerns in detail. Attorney Satti and Sgt. Crooks are prepared to report on this review. Mr. Holmes did in fact request a postponement of this meeting. He was provided notice of this meeting on January 31st by a hand delivered letter and it was not until this morning (February 6th) at 12:30 a.m. that an email was forwarded to the First Selectman indicating a request for a postponement due to vacation. The request was considered and denied.
Attorney Satti stated he had been retained by the Town to examine certain concerns that had been raised initially about time card entries of part time Constable Holmes. Mr. Holmes has requested through Sgt. Renshaw that despite the fact that he would not be available to attend, he wanted this discussion held in open session.
Atty. Satti noted that his review commenced shortly before Christmas to the present. He reviewed numerous documents, copies offered in a binder entitled Exhibits, dated February 6, 2008 distributed to all the Selectmen. He commented that regarding the time card issues, there is a question regarding the legitimacy of the payment requested by Mr. Holmes.
Mr. Hogan inquired if there is anything implied within the department that four hours is the customary charge for any work performed. He added that perhaps if you only work a half hour, the minimum charge might be four hours.
Atty. Duggan notes that Section 1.2 of the contract specifically indicates that part time officers in the Union shall not be eligible for the rights and benefits specified within this agreement unless part time officers are specifically mentioned and provided for in a particular section of this agreement. The term officer shall mean full time officer unless otherwise stated in the agreement. She added that throughout Article 5., which is a section on hours of work and overtime, there are specific distinctions between full and part time officers. When a provision applies to a part time officer, the term part time officer is clearly stated. She noted that Section 5.16 states part time officers who are assigned to work in accordance with the provisions in this article, shall be paid at their regular base rate for all hours worked under 40 hours in one week and time and one half the regular base rate for all hours worked in excess of 40 hours per week. When the Agreement addresses court appearances, there is no reference to part time officers in this section. Part time officers are specifically mentioned in many instances, here they are not.
Ms. Hardy inquired if it was customary to pay travel time?
Atty. Satti noted that in reviewing Mr. Holmes’ explanation regarding the November time discrepancies that indicates that there is an entitlement to a particular amount of minimum hours. Mr. Holmes has submitted a request for overtime (overtime is only paid when he would work over 40 hours in a week, which never happened) hours on certain occasions when there is no evidence that there was a court proceeding or no evidence that he was actually performing those services. In summation, when characterizing Mr. Holmes’ behavior on the phone with Sgt. Crooks, on December 14th, Attorney Satti stated that the words insubordinate, unprofessional and unacceptable could be used.
Sgt. Crooks stated that there were three separate phone calls with Mr. Holmes and himself; two on the 14th and another when he informed Mr. Holmes that his appointment as a part time officer was being deferred. Mr. Holmes stated that he did not report to Sgt. Crooks and that these actions were retaliatory regarding Sgt. Saffioti. He started screaming so much that Sgt. Crooks commented that he had to hang up the phone. He added that he called back again and the call got out of hand with screaming and he had to hang up the phone again.
Mr. Wilson noted that since these time cards were all consistent and they all reflected 4 hour charges, perhaps Mr. Holmes was just misinformed of what the contract read and he just billed this way. If he were with other officers, why would he put something on the timecard when the time was well known?
Attorney Satti stated that not only is it the fact of the individual charges for the amount of work done, but also the fact that overtime has been “authorized” without Sgt. Crooks’ approval. Someone else in the department authorized all the time cards in questions for overtime and when Sgt. Crooks became aware of this issue, the interchange with Officer Holmes was unpleasant. He added that Mr. Holmes billed the Town for four hours when he had been alerted by the First Selectman to return his badge and gun while an investigation was being performed.
Sgt Crooks noted Mr. Holmes displayed a pattern of behavior over a period of time that was unsatisfactory.
Mr. Formica noted that in December that the Board agreed to defer Mr. Holmes’ appointment until he had time to look into it. He added that this was simply a non-reappointment. When he was hired to do this job he was hired to take a business approach to this position. In business, you try to increase efficiencies, manage your inventories and you manage your payroll. H commented that all of these incidences did not occur on his watch. He added that he has taken a cautious approach due to Mr. Holmes longevity with the Town, but the fact is that we cannot look at the Collective Bargaining Agreement and decide when it is convenient to adhere to those rules. Mr. Holmes is a part time officer and I believe he violated the trust. We had a meeting on January 9th in my office where he had the opportunity to defend the position. I told him that I did not believe he was entitled to Union representation, but Sgt. Renshaw was permitted to participate as long as Mr. Holmes signed a statement that said he understood Mr. Formica’s position. Ms. Hardy was present at this meeting. At that meeting, Mr. Formica asked him about the dates in question and he said “I was on the stand for four hours, I was there all day.” This action is not falling under a disciplinary hearing, we are discussing the reappointment or non-reappointment of a part time officer who in Mr. Formica’s view, does not deserve to be reappointed. He recommended that the Board not reappoint Mr. Paul Holmes adding that he believed he had been more than fair. He had engaged attorneys so that everything was reviewed and showed a pattern of inconsistencies with regard to this. He added that the amount of overtime for the Police Department is $247,000. I believe we can save on this by adhering to the rules of the Contract when it comes to the officers is question. If they are entitled to overtime then they should be paid overtime but if they are not entitled to overtime they should not be paid overtime.
Mr. Formica thanked Attorney Satti and Attorney Duggan for their assistance.
Mr. Wilson stated he was not sure what to do. Mr. Holmes requested a deferment of this meeting since he was not here although he had emailed, but not until 12:30 this morning. He inquired if we should offer an opportunity to discuss these issues whether it is the Union officials or Mr. Holmes himself. He added that we are terminating a 23-year employee and we want to be sure that we are doing the correct thing.
Mr. Formica responded that on no less than four occasions, I made an offer to meet with the sergeants and have a meeting regarding the conduct and the rules and regulations that we need to determine for the East Lyme Police Department. He added to this date, he has not had a call from anyone with the exception of Sgt. San Juan. He commented that plenty of time has passed here. He met with Mr. Holmes along with Ms. Hardy and Union representation was present. According to the terms of the Contract if he feels grieved by this and the Union representatives feel that they can represent him in this issue that according to Contract he can take it to the next step. For now, this is a simple non reappointment and I believe that we do an injustice to the rest who diligently work in that department everyday if we let this sit another day without making it clear that we are not reappointing this gentleman based on the pattern and history of the activity that is included in your binder of exhibits.
Mr. McKirdy stated that he was satisfied with all the time spent and he was persuaded by the information provided by the First Selectman, the Attorney’s, and the information that Sgt. Crooks has provided.
MOTION (15) Mr. McKirdy moved that the Board of Selectmen confirm the non-reappointment of Officer Paul Holmes.
Seconded by Mr. Hogan.
Ms. Hardy stated if this was a simple matter of non-reappointing there is no need for action since the appointment has expired.
Mr. Formica noted that he wanted to be abundantly clear for the record.
Ms. Hardy stated that a great deal of information had been reviewed this evening and she had questions for the person who was being discussed and perhaps he should have some time for rebuttal and discussion.
Mr. Wilson agreed stating he was not comfortable not having any rebuttal since new information might change our minds.
Mr. McKirdy stated that it was made clear that Mr. Holmes had an opportunity to be here or to request a deferment in a timely manner.
Mr. Wilson noted that every six months for the last 22 years Mr. Holmes has been reappointed. He inquired if there was another side to this?
Aye: Mr. Formica, Ms. Rowe, Mr. Hogan, Mr. McKirdy. Nay: Ms. Hardy, Mr. Wilson. Motion passed 4-0-2.
2i. Tax Relief Study Mr. Formica noted that he wanted to convene this tax credit review subcommittee for seniors. He stated that anyone interested in serving should contact his office, or fill out a survey form online.
3b. Conservation Commission Ordinance Discussion The Board agreed to table this discussion until the next meeting.
3c. Discussion – Charter Revision, Fuel and Energy Taskforce Mr. Formica stated that the Board needed to think about how many people they would want on this Commission and what would the charge be? He added that discussion would take place at the next meeting.
5a. Ex-officio All Ex-officio reports were deferred until the next meeting.
5b. Long Range Capital Planning Update Mr. Formica stated that this group had met today and there would be two meetings next week.
5c. First Selectman’s Report Mr. Formica stated that the courts had issued a decision on Landmark II and they upheld the decisions of the Zoning Commission.
6. Public Comment Joe Barry of 111 S. Edgewood Road stated that he was appalled by the decision the Board had made regarding Mr. Holmes. He added that it was a one-sided kangaroo court. He added that the real problem was with whoever was checking the time cards and it was not the employee’s job to interpret the contract, it was up to management to enforce the contract. |