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EAST LYME BOARD OF SELECTMEN |
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Scroll down or click the bookmarks to see all the submitted minutes for meetings held in March
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EAST LYME BOARD OF SELECTMEN MINUTES
PRESENT: Paul Formica, Andrew McKirdy, Pam Rowe, Jack Hogan, Rose Ann Hardy, Rob Wilson.
ALSO PRESENT: Finance Director Anna Johnson, Town Planner Meg Parulis.
Mr. Formica called the meeting to order at 7:33 p.m. and led the Pledge.
1b. Additional Agenda & Consent Calendar Items There were none.
1c. Delegations Mike Schulz of 14 Lovers Lane requested a status update on the negotiations with Town employees. He commented that he was concerned that we might be looking at increases of 7% - 16% for salary increases, as is the case with the teacher’s contract. He added that we don’t want to fall into the same trap with the Town employees.
Tom Kalal of 80 Grassy Hill Road noted he had not been too aware of building in the town until he had a subdivision coming in his backyard and this woke him up to what was going on. He attended the Planning Commission meeting and they run a very fair and impartial meeting and he thanked the Chair, Ms. Picarazzi for that. He added that the Conservation Commission was not so attentive for fairness and impartiality. He said that at Monday nights meeting, alternates were seated and when the hearing was closed, a vote was taken and the vote was 0-2-3 (3 abstaining) and inquired if this was a majority vote? He added that one commission member abstained because she said she didn’t know the wetlands regulations and he asked why was she sitting? He talked about expert testimony and said land use commissions only consider those with initials after their names as expert witnesses and he inquired what about those who had years of experience? He requested a legal finding from Town Attorney regarding the last Conservation Commission meeting and the way they voted. He added that they are doing a disservice to the town and the Selectmen should split this commission with both having enforcement abilities.
Ron Rando of 194 Boston Post Road stressed that he was 100% in favor of the Gateway and he or his group of Concerned Citizens were not responsible for the flyer. He added that he was impressed with the new signage at Town Hall. He said that a problem still exists with the way that town employees talk and interact with the public. He stressed the adage the customer is always right. He reminded the Board that in the 90’s, he along with then Planning Chair Howard Kaplan had recommended that all land north of I-95 go to 3 – 5 acre zoning to keep the rural character.
Bob Gadbois of 358 Boston Post Road stated that he had attended the Conservation Commission meeting and the Conservation Officer had reported on Upper Kensington Drive where there is a 14’ wide footpath through the wetlands. The Conservation Officer said he didn’t want to antagonize the person doing the work---he stressed that this is his job.
Mr. Formica commented that FOI regulations preclude the Board from responding till the end of the meeting.
1d. Approval of Minutes, Meeting of February 20, 2008 MOTION (1) Mr. Wilson moved to approve the minutes of the February 20, 2008 meeting as submitted.
Seconded by Ms. Rowe.
Aye: Mr. Formica, Mr. McKirdy, Mr. Wilson, Ms. Rowe. Nay: None. Abstain: Mr. Hogan, Ms. Hardy. Motion passed 4-0-2.
1d1. Approval of Minutes, Special Meeting of February 26, 2008 MOTION (2) Ms. Rowe moved to approve the minutes of the Special Meeting of February 26, 2008 as submitted.
Seconded by Mr. McKirdy.
Aye: Mr. Formica, Mr. McKirdy, Ms. Rowe, Ms. Hardy. Nay: None. Abstain: Mr. Hogan, Mr. Wilson. Motion passed 4-0-2.
1e. Consent Calendar MOTION (3) Ms. Rowe moved to approve the Consent Calendar in the amount of $9621.46 for the meeting of March 5, 2008.
Seconded by Mr. Wilson. Motion passed 6-0.
2a. Approval of 2008 / 2009 Budget Mr. Formica commented that the Board has held numerous hearings with the Department Heads and have had time for deliberation. He said that there were questions from the last meeting from Ms. Hardy that he would address this evening. Her first request was for a copy of the draft Capital Improvement Plan. He added that the Committee is still in the process of working on it.
Ms. Hardy replied that this reflects a five-year plan starting in 2008. She inquired if we had what was on the previous five-year plan. She inquired if these items were hold overs or new requests? She added that she was willing to delay any discussion until the Board had time to review it and the previous plan.
Mr. Formica commented that there was a request for new windows for two schools; Flanders and Niantic Center School, for $750,000. They have measured savings of $15,000 – 20,000 in heat at Lillie B. Haynes due to their window replacement last year. Part of what the community needs to discuss is do we want to put in that kind of money for windows with a payback of 15 years and or do those schools have shelf lives of 15 years. He added that we meet and identify capital needs and funding and we push the needs forward. The Capital Planning Committee has discussed trying to get a vision committee established so that we can get people to look out and consider the opportunity 10-15 years down the road.
Ms. Hardy stated we used to have a five-year and ten-year plan but she has not seen the ten-year plan for quite some time.
Mr. Formica noted that there was a new town hall at one point on the capital list. He added that he did not believe there was a need for a new town hall, we might need some renovations, but in his short time here, we can create enough efficiencies in here to make this building last for some time.
Mr. Wilson stated that in talking to Pearl, the roof was done and the windows were the last remaining issue we have to deal with.
Mr. Formica responded that $25,000 is a big number just for windows. He added that this is a long-term process and needs to be revisited. He added that it’s tough to revisit it in 12 weeks.
Ms. Hardy inquired if Mr. Formica believed that any of the items on the list were of an emergency nature?
He replied there are many necessary items being pushed forward. For example, last year the Town did not fund a portion of the revaluation. He added we know that in 2011, we need $500,000. He said that if we do not fund that $125,000, this year, we would be in an emergency situation because we would need $250,000 next year and the following year to make it for 2011.
Mr. Formica commented that Ms. Hardy had inquired about the funding from the sale of 40 Industrial Road adding that she believed that the money was set aside for a public works building. He added after investigation, the following was the chronology of events regarding the purchase and sale of the property (Attachment A). He concluded stating that when the site was purchased by funding authorized in the construction of the Middle School. After the sale of the property in May of 2005, the funding was returned to the Middle School Construction fund. He believed that this money was used to fund the school and there was very little money left that has not been encumbered. He added that there would be more investigation on this matter since there was a small amount of money left in this account but, there is not the money that some anticipated.
Ms. Hardy stated that she was shocked to hear this and Mr. Wilson commented that something was wrong. She stated that from the very initial sale of that property, we planned to save that money to be used for a public works building.
Mr. Wilson said that we had all along decided that whatever the proceeds of that building was, it would go to the combined building or acquiring a building for the Parks and Recreation and the Board of Education maintenance facility. He suggested going back and doing some research. He thought the proceeds of the sale of the building had been put into an account that was set-aside for that purpose. He commented that he had no recollection of it ever going into the Middle School account. When they sat before us and said they were closing out the Middle School and there was a little money left, some of that money went towards repairs / renovations at the new Haynes School.
Mr. Formica noted that his represents the financial trail. He would attempt to research the verbal trail.
Ms. Hardy said that she had been hoping to use that money to offset some of the expenses in this year’s budget related to Public Works and storage facilities. She added that this would have to be put aside.
The consensus of the Board was for Mr. Formica to research further.
Mr. Formica stated that the other request of Ms. Hardy’s was regarding the generator at the ELLCC. He added that there was a memo in the packet from February 2007, which identified the need for the repairs of the generator.
Mr. Formica reviewed the spreadsheet regarding the proposed budget for fiscal year 2008 / 2009 (identified as Attachment B).
Mr. McKirdy noted that when the Board started the process, we were looking at a proposed budget of $63,440.00 and when we finished our deliberations last week that had been reduced to $63,000,090. a reduction of $440,000 and stated we are moving in the right direction.
MOTION (4) Mr. McKirdy moved to approve a proposed fiscal year 2008 / 2009 General Fund Budget in the amount of $63,000,090 to consist of General Government $14,784,416, Debt Service $6,370,111, Contingency $525,000, Education $40,078,063, Land / Buildings / Capital Equipment $1,242,500 and to forward this proposed budget to the Board of Finance for their consideration.
Seconded by Mr. Hogan.
Mr. Formica noted that the Contingency is new. He reminded the Board that the special appropriations from the undesignated fund balance were listed going back to 2003. He added as of this year, we have expended $440,000; last year we requested over $690,000 and the before that we expended over $624,000. He added that it was his intent to establish a contingency account for operating that will eliminate the need or greatly reduce the need for going after the fund balance by special appropriations. He said that approximately $220,000 of the contingency fund is being held for contractual obligations and COLA’s etc., and it is his suggestion that $300,000 would go to the operating budget’s ebb and flow and nothing would be taken from the fund balance. He added that the usage of fund balance in the past speaks to the need for a capital program that is consistently funded so that at the end of the day, we save money. He stated that during budget reviews, we had the discussion about fixing roads and the cost of fixing a good road is $11,000 per mile and when it gets to be a bad road, it gets up to hundreds of thousands per mile to repair.
Mr. Formica stated that the Board of Education sent their request of $40,078,063 and this shows a 5.44% and our Board is precluded from adding or subtracting from that number, we can only recommend. He added that we took some money off the capital and identified that amount.
Mr. Hogan inquired what the mill rate increase would be tied to this budget?
Mr. Formica responded that this would be premature since we expect the Board of Finance to take some action. If the budget were left as is, he guessed the mill rate increase might be 1.5.
Mr. McKirdy stated that we have spent many hours over many weeks reviewing the budgets of all departments and the services that we are seeking to provide in this budget, are desirable services and the residents have come to expect. On balance, the budget addresses most of the needs we want to address and he believed it was a good budget.
Mr. Formica commented reviewed a copy of the Governor’s Budget Revisions noting the impact on East Lyme. He added that they have anticipated an increase in ECS Grant of $299,259 and a little bit in Public School Transportation for approximately a $310,000 increase in Education. At the same time Pilot was reduced by $2495, 314 making the net total impact for State Aid over last is a little over $64,000, which is not very much. At least one quarter of the estimated 1.5 mill increase is to maintain our roads. I believe that the maintenance of our roads is a long-term savings for us. He added that he would like to have a community discussion over the next 6-8 weeks to see if that’s the way we want to go. He commented there are ways to reduce this budget if we do as we did last year by just eliminating road repair and upgrade of our fleet. He added that as he has said in the past, he is suggesting that when the time comes that we offer this budget for a referendum vote.
Ms. Rowe complimented the Finance Director of the presentation and layout of the budget noting a great improvement from the past.
Motion passed 6-0.
3a. Charter Revision Appointments and Charge Mr. Formica noted that at the last meeting a commission of 11 members was agreed upon. He commented that the Commission would work over a period of 15 months enabling a vote at the November, 2009 election cycle. He inquired if any of the Board members had input regarding the charge.
Mr. Hogan and Ms. Rowe agreed.
Mr. Hogan commented that when they considered staggered terms for the Board during the last Charter Revision, it was suggested that they go to a Board of six members plus a First Selectman.
Ms. Rowe suggested reviewing sending the yearly budget to automatic referendum.
Ms. Hardy suggested they consider a change to a two-year budget cycle based on the time necessary to prepare the budget.
Mr. McKirdy stated that he knew of no other municipality that had a two-year budget cycle and added that this was probably prescribed by statute.
Mr. Formica noted that by the present Charter, the Zoning Enforcement Officer works for that commission and added that this is the only department head that operates this way. He commented that the charter language is vague on this and perhaps this can be reviewed.
The consensus of the Board was that the Board would make appointments to this Commission at the next meeting and draft a charge.
Ms. Hardy requested that the resumes be left in a folder in the office for the entire applicant’s so that the Selectmen could review them at will.
Mr. McKirdy noted that the charge has to be made with great specificity and suggested input from the Town Attorney.
Mr. Formica agreed noting he would be meeting with him this week and would mention it to him.
3b. Resolution – Open Space Agreement and Charge Town Planner Meg Parulis commented that this is a standard grant reimbursement resolution and this particular one is for the Wilson property. The grant was for $450,000 and the final grant package consists of a grant agreement in which we agree to place a conservation easement over the property and we have done this two other times in Oswegatchie Hills.
MOTION (5) Mr. McKirdy moved the following resolution:
Resolved, that Paul Formica of the Town of East Lyme is hereby authorized to execute on behalf of the Town of East Lyme a Grant Agreement and Conservation and Public Recreation Easement and Agreement under the Open Space and Watershed Land Acquisition Program with the State of Connecticut for financial assistance to acquire permanent interest in land known as the Quarry Property, OSWA -315, and to manage said land as open space land pursuant to Section 7-131d of the Connecticut General Statutes.
Seconded by Mr. Wilson. Motion passed 6-0.
3c. Fee Ordinance Mr. Formica stated that he hoped to send all of these parts to the Town Attorney and get it all packaged into one ordinance or at the very least, have only one public hearing on the ordinances. He added that the Conservation Commission had reviewed the fee schedule and had amended it (Attachment C).
Ms. Hardy commented that she didn’t see a fine of $15.00 as much of a slap on the hand.
Mr. Formica suggested replacing the new fee schedule within the ordinance and submit it into the draft ordinance. He also requested that the Board review the Zoning Fee Schedule and attachment D – Ordinance Concerning Waiver of Fees along with attachment E – proposed Ordinance Establishing Fees for use of Geographic Information System and be prepared to discuss them at the next meeting.
3d. Fuel and Energy Taskforce Mr. Formica noted he had a meeting with the Teen Council and Ms. Rotchford and he was looking to staff this taskforce. He added that they had signed up for a community challenge, which would allow us to investigate the savings in all of our buildings, and his goal was to save 20% on our utilities this year. He also wanted to identify what we needed to do for facilities maintenance.
3e. Senior Tax Relief Study Mr. Formica reported that so far, only one person had signed up for this committee. He noted that some programs for seniors only encompass pockets of seniors and not the entire group. He added that CCM has numerous programs that are available that might broaden the base that we offer our seniors.
4a. Communications Mr. Formica noted the resignation received from Wayne Fraser from the Water and Sewer Commission. He added that was a loss to the commission due to Mr. Fraser’s expertise and his connections in the region.
5a. Ex-Officio Ms. Hardy had no report
Mr. Hogan had no report.
Mr. McKirdy stated that the Board had received comments about the Conservation Commission and added that the vote in question was 2-0-3 and not every decision required a majority vote. He suggested that the First Selectman confirm this with Town Attorney.
Ms. Rowe stated that at the last Board of Education meeting, they received a status update from two high school girls informing them of what was going on at the High School. She added that great things are coming out of the sports program.
Mr. Wilson reported that he had attended the New London Elks’ Fire Fighter of the Year award where Pat Morris and William Haylon were East Lyme’s recipients.
5b. First Selectman’s Report Mr. Formica stated that the Board of Finance would be getting the budget next week. He commented that he had not attended the EDC meeting due to the basketball game his daughter had been playing in. He added that they were trying to update the website and get town businesses listed on it. He stated that they had contacted Town Attorney for advice. He stated that he had met with the new owner of the Black Hawk regarding the erosion of the black top and plans for a new ticket booth.
He stated that he had testified twice last week at the Legislature in front of the Transportation Committee regarding Town Aid Road Funds and why we need to increase them and the Environmental Committee where a bill had been put together by his urging prohibiting affordable housing being built on environmentally sensitive land. He added that both testimonies are on the web site in full. He said that three new microphones had been purchased for the meeting room. He also noted the new signage and added that resident Jim Littlefield made the hangars for the signs. He added that we were reviewing training for staff and there would be twelve mandatory trainings sessions over the year and a regular calendar was being created. He said that he had attended a resident trooper program update where they identified what the State Police brought to the table for resident trooper towns regarding support initiatives.
Mr. Formica commented that State Representative Ed Jutila convened a transportation committee public hearing here discussing I-95 issues. He reported that at the last Water and Sewer Commission meeting they discussed water needs and long term impact along with ways to secure water in the future. He had a very productive meeting with Congressman Joe Courtney discussing the needs of our town. Mr. Formica will be meeting with representatives from Mr. Courtney’s office in the near future to see if they can assist with funding initiatives for water and he added that he was looking forward to working with them.
Mr. Formica stated that the Town Building Committee met and they have decided to replace the entire gym floor at the High School. He has been informed that this will require new bleachers $11,000 to remove the existing and $80,000 for new ones. He added that he was baffled why this was not a clear cut and dry case of liability with the contractor and his insurance for all the repairs of the gym floor.
Ms. Hardy said that when Mr. Burkhardt spoke about the bleachers he was asked for information on why the bleachers had to be replaced. He reported that they were not handicapped accessible. She added that these bleachers used to have railings that have since been removed. She said that the replacement of bleachers does not appear on any 5 or 10-year plan and if they are deemed unsafe, they should have been on a list alerting us. She said that more information was needed and if the bleacher replacement were necessary, it would be an additional purchase that would have to come to the Board of Selectmen and Board of Finance for approval. Mr. Formica agreed and added he would be checking with the Building Official to get his opinion.
Ms. Hardy inquired how the Public Works storm budget was holding out?
Mr. Formica replied he did not have actual figures and he would request an update for the next meeting.
Ms. Hardy stated that many Ex-Officios cannot attend all their meetings and suggested independently getting substitutes if it turns out they cannot attend a meeting. She requested a monthly police activity report listing statistics such as burglaries, number of arrests, tickets, etc., since this would keep the Board informed of happenings in Town. She also requested a discussion regarding separating the Conservation Commission on the next agenda. She added that at a prior meeting, a citizen had presented a sample ordinance regarding demolition of historic buildings and requested an agenda item in the near future.
Mr. Wilson commented that after the joint budget meeting at the High School, several of them viewed the gym. He added that if we had just wanted to paint the walls and had had no problem with the floor, we would just have removed the bleachers painted the floor and put the bleachers back. He stressed that it was beyond belief that this would have resulted in a requirement to get new bleachers. He said he spoke to the Building Official to get his opinion and he does not seem to agree with what everyone else is saying. He would like to see concrete evidence that the bleachers need replacing.
Mr. Formica commented that when he had spoken to the Building Official, he had told him that he was not sure the bleachers would need to be replaced. He added that it is the State Board of Education who is stating that replacement is necessary.
Ron Rando commented that everyone is still talking about the gym floor. He had suggested replacing the entire floor when this all happened. He added that if the State says replace the bleachers, let them help pay and that this is another unfunded mandate by the State. He suggested that the Board talk to State Representative Ed Jutila and State Senator Andrea Stillman about impact fees and said the Town should pass them and then let the State come after us if they don’t like it. He again asked about the mercury contamination of Dodge Pond saying that the Navy should be made to clean it up.
Tom Kalal wanted to make a correction on the vote count that he had made earlier; 2 yes’s, 3 abstentions.
Mike Schulz thanked Mr. Wilson for his comments on the bleachers and added if they had to be replaced, he would like the wood. He also asked about a rumor he had heard about the High School roof still leaking? He inquired what was the grand list increase versus the increase of the budget?
Ms. Kalal stated that CCM could be called for sample ordinances and she would also like to have a discussion on a Right to Farm Ordinance.
Bob Jones of 5 Applewood Commons said that Old Lyme is trying to tie into our sewer system and we haven’t even sewered Pennsylvania Avenue yet. He inquired if this will take up our capacity?
Mr. Formica commented that Point O’ Woods is negotiating with us to hook up through our sewer system and we are being pushed by the State to agree. If this is done, the State will be giving them some of their capacity from Rocky Neck. He added that there are also discussions going on about the expansion of the New London plant. He said that we do have the capacity to sewer our areas. He stated that now that the budget is on to Finance, we could get information on various ordinance requests for review. He commented that to his knowledge, there were no leaks in the high school roof. He said that he would be meeting next week with Amtrak regarding their bridge replacement and the Boardwalk and he would keep the Board posted.
Ms. Hardy requested an update on the Pine Grove Sewer project for the next meeting. She also commented that back in 1997 – 1998, Dodge Pond was listed in the top ten for clean up sites in the country.
MOTION (6) Ms. Hardy moved to adjourn the March 5, 2008 meeting of the East Lyme Board of Selectmen at 9:34 p.m.
Seconded by Mr. Wilson. Motion passed 6-0.
Respectfully submitted,
Darlene C. Stevens, Recording Secretary |
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SPECIAL MEETING MARCH 14, 2008 EAST LYME BOARD OF SELECTMEN
MINUTES
PRESENT: Paul Formica, Pam Rowe, Jack Hogan, Andrew McKirdy, Rob Wilson, Rose Ann Hardy – by phone.
Mr. Formica called the meeting to order at 8:15 a.m. and noted that there is a full compliment of Board members since Ms. Hardy is joining by phone. Mr. Formica led the Pledge.
Mr. Formica noted that we were here this morning to fill a vacancy on the Board of Finance as outlined by Town Charter Section 2.5.2.
Mr. McKirdy stated that he had a proposal. He commented that there has been a vacancy on the Board of Finance for more than 30 days and they will soon be starting their review of the Town Budget next week and it is incumbent that the Selectmen act.
MOTION (1) Mr. McKirdy moved that pursuant to Section 2.5 of the East Lyme Town Charter, that the Board of Selectmen appoint John Birmingham of 9 Plants Dam Road, East Lyme, CT to be a member of the Board of Finance, effective March 17, 2008, to fill an unexpired term until the election and qualifications of a successor at the next regular town election on November 3, 2009.
Seconded by Mr. Hogan.
Mr. McKirdy stated that Mr. Birmingham is an excellent appointment for the Board of Selectmen to make. He has lived all his life in East Lyme, is a prominent businessman in this community, he was the owner and manager of Smith Pharmacy for over a quarter of a century and he continues as a Pharmacist in town. He has been a member of the Downtown Merchants Association, the Economic Development Commission and is a member of the National Federation of Independent Businesses. He is currently serving as an Alternate member of the Zoning Commission. As a businessman he knows finances, he knows how to make a payroll and how to balance a budget and it is clear he knows the Town of East Lyme. He urged approval of this motion.
Mr. Wilson stated that he wanted to make another nomination.
Mr. McKirdy stated that there is a motion pending before the Board and he believed the motion had to be disposed of first before another motion could be entertained.
Mr. Wilson said that he thought we were coming here to put candidates forth for the position that is open on the Board of Finance. He added he did not know that we were racing to be the first to put something on as a motion. He commented that he was not saying that this was wrong, he suggested that what was right for this Board was to put qualified candidates up for discussion and he did not think that they were getting a chance to do that.
Mr. McKirdy commented that if other members want to discuss other options in the context of this motion, we are able to do that however, he believed the motion should be acted on.
Mr. Hogan agreed stating that according to Roberts Rules of Order there is a motion on the floor that needs to be disposed of.
Ms. Hardy stated that when you have nominations for a position, she believed that was different than a regular motion.
Mr. Wilson commented that what it boils down to is if you are not the first to make a motion, then there’s no remedy to that. He added that certainly the votes are here to vote whoever is first and he did not believe that was the intention that we came in here this morning. He noted he was not getting the opportunity to even offer Liz Farley’s name into contention.
Mr. Formica noted he had not considered that point.
Mr. Wilson stated that we could call the motion and if the motion were defeated, they could put both names into consideration and take a vote on that.
Mr. McKirdy said that he did not object to Mr. Wilson wanting to discuss in the context of this motion other options that might be available before we vote on this motion.
Mr. Wilson stated that he wanted to bring to the discussion to fill the vacancy on the Board of Finance, a very qualified candidate in Liz Ann Farley of 45 Cardinal Road. He added that she has lived in town for over ten years, has two children in the East Lyme School System, has a BS degree in accounting from St John’s. She has 13 years of experience in the world of finance working for companies such as Clairol, Paramount Pictures, Sony Corp and Gannet Outdoor Co. The responsibilities that she has taken on in her professional life are the same things the Board of Finance deals with. He stated that she is very involved with Flanders Elementary School and was a Board of Education candidate for the Town. He said that she is willing to give of her time for the citizens of East Lyme in service on the Board of Finance. He commented that she would be an exciting asset to that Board and noted he wanted to put her name out there for this appointment.
Mr. McKirdy stated that he did not mean to diminish whatever experience Ms. Farley has but as he indicated earlier in his comments, Mr. Birmingham is a prominent member and businessman of this community for a long time and he brings great experience and he urged approval of the pending motion.
Ms. Hardy stated that in the past, when there has been a party vacancy, we have followed party lines and we have replace a democrat with a democrat and a republican with a republican. She added that both candidates are qualified and unfortunately there is only one position available. She stated that her vote would be for Ms. Farley.
Mr. Formica reiterated the motion on the floor stating, the motion on the floor was for Mr. Birmingham. Hearing no further comment he called for a vote.
Aye: Mr. Formica, Ms. Rowe, Mr. Hogan, Mr. McKirdy.
Nay: Mr. Wilson, Ms. Hardy. Motion passed 4-2.
Mr. Formica stated that he was very disappointed with both parties through this whole process that has been going on for over three months. He added that he had tried his best to get involved and bring these two groups together and he is equally as disappointed in himself.
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EAST LYME BOARD OF SELECTMEN EAST LYME TOWN HALL UPPER MEETING ROOM 7:30 P.M.
MINUTES
Members Present: Paul Formica, First Selectman Rose Ann Hardy Pamela Rowe Rob Wilson
Members Excused: Andrew McKirdy John Hogan
The meeting was called to order at 7:30 p.m.
1a. Pledge Allegiance to the Flag
The Pledge was observed.
1b. Additional Agenda & Consent Calendar Items
Mr. Formica stated he was adding under New Business (Item 2) item C a nondiscrimination resolution that was requested by Meg Parulis in Planning.
Motion (1): Rose Ann Hardy moved to add as Item 2c the resolution regarding nondiscriminatory agreements. Seconded by Mr. Wilson. Motion Passed 4-0
1c. Delegations
Rocco Tricarico, 17 Rose Lane, said he would like to echo the statements he gave at the Board of Finance meeting regarding the action of the Board of Selectmen to fill the vacancy left by Izzy Schwartz. Their action has legitimized what happened by Bob Jones and Mr. Taylor in boycotting the meeting. Those men should be held accountable, but instead the Board of Selectmen gave credence to their actions and let them off the hook. The communication project has not gone forward because of Mr. Jones and Mr. Taylor. They have violated the public trust and they should resign their positions and give this town a fresh start.
Joe Mingo, Boston Post Road, stated that on Arbor Day, April 25, 2008 at 1:00 they would be dedicating a tree to Wes Jezierski at McCooks Park. They had a meeting yesterday and there were five people in attendance and they are training three more. They are hoping to get a dignitary from the State to help them kick off their memorial tree program. He is glad they are giving some teeth to Keith Hayden by increasing the fines of the Inland/Wetlands Officer to enforce the regulations. He is happy to see that they are going to be separating the Inland/Wetlands Commission and the Conservation Commission, that is a good step in the right direction. He is upset that town citizens have to spend their own money to enforce their property rights. Recently The Day newspaper had an article on derelict property in Montville and he sees plenty of that in East Lyme.
Ron Rando, 194 Boston Post Road, wished the Board of Finance had handled their own problem, they are grown men and they should have been able to handle it. Mr. McKirdy shouldn’t have made that motion, names should have been put in and then the Board of Selectmen could have selected someone. He blames a lot of this on the Board of Finance. When they are looking into Charter Revision they should appoint two alternates for the Board of Finance so this does not happen again. The Board of Finance should be working for the town at this time of year and not fighting. He spoke to Mr. Wilson the other night about the bleachers at the high school. He thinks the Board of Education is being very arrogant and they are not thinking of the taxpayers.
Bob Gadbois, 358 Boston Post Road, would like to echo Mr. Rando’s comments regarding the alternates for the Board of Finance. That is a good idea if it can be done. He was at the Board of Education meeting the night they voted to replace the bleachers. They knew the State said it would be fine to put them back once they are taken out, and it was very arrogant of the Board of Education to ignore that. Two years ago he had concerns about the riprap across from Stop and Shop, and he is submitting a letter from the developer to Mr. Nickerson (Attachment A)
Joe Barry, 111 South Edgewood Road stated he was surprised the gym floor was not on the agenda since it is such a high priced item. The Board of Education is financially raping the citizens of East Lyme. Mr. Wilson and Ms. Hardy are correct that the bleachers can be fixed without replacing them and they would not violate any ADA code. He was a roofer and he learned early that you don’t strip more of a roof than you can cover by the end of the day. Weren’t there inspectors overseeing this job, and who was paying attention. When the bleachers were installed there were handrails attached, they have been taken off, and they should be located and installed and used in the manner they were designed for. If they can’t find them the Superintendent should pay for them at his own expense since this is due to his negligence.
1d1. Approval of Minutes Special Meeting of February 27, 2008
Motion (2): Pamela Rowe moved to approve the minutes of the Special Meeting of February 27, 2008 as submitted Seconded by Rob Wilson Motion Passed 2-0-2 Abstained: Rose Ann Hardy Paul Formica
1d2. Approval of Minutes Special Meeting of February 28, 2008
Mr. Formica stated that the second to last page, fourth paragraph from the bottom should state “Mr. Formica commented that the Capital Planning Committee was working on an update for a 5-Year Capital Plan and there is no 10-Year Plan.”
Mr. Wilson stated that he was present at that meeting, but he was late.
Motion (3): Rose Ann Hardy moved to approve the minutes of the Special Meeting of February 28, 2008 as amended. Seconded by Pamela Rowe. Motion Passed 3-0-1 Abstained: Pamela Rowe
1d3. Approval of Minutes Meeting of March 5, 2008
Motion (4): Rose Ann Hardy moved to approve the minutes of the Regular Meeting of March 5, 2008 as submitted. Seconded by Pamela Rowe. Motion Passed 4-0
1d4. Approval of Minutes Special Meeting of March 14, 2008
Motion (5): Rose Ann Hardy moved to approve the minutes of the Special Meeting of March 14, 2008 as submitted. Seconded by Rob Wilson Motion Passed 4-0
1e. Consent Calendar
Motion (6): Pamela Rowe moved to approve the Consent Calendar for the meeting of March 19, 2008 in the amount of $7094.38. Seconded by Rose Ann Hardy Motion Passed 4-0
2. New Business
2a. Discussion 5-Year Capital Plan
Mr. Formica stated that this was still in draft form.
Ms. Hardy stated she would prefer to pick out the high priority items should the Board of Finance decide to cut items.
Mr. Wilson stated there are a number of high priority items in the last two or three years but he doesn’t see the ADA update to the bleachers or anything to do with the bleachers. It is hard to deal with something that has not been on the board the last 5 years. In house repairs makes a lot more sense for a lot less money.
Ms. Hardy stated there are some high priority items to discuss and we do have the background on them.
Mr. Formica stated they pushed the capital items to the Board of Finance from the Board of Selectmen. There is a Plan of Development on there. He asked the Town Planner to come up with something without spending $100,000 and she found a program through UCONN’s Land of Unique Value Program. It is similar to the Yale Charette. We may be able to get this for $25,000 to help finish the Plan of Development. There is $20,000 in there for this year and they can drop the $40,000 for next year down to $10,000. Just a reminder this is still in draft form.
Mr. Wilson stated it is a matter of what we end up with as far as the Plan of Development.
Ms. Hardy stated we had discussed and decided we couldn’t afford that. The Commission members were going to do work on their own. It is unreasonable to expect the Town Employees to do this, it requires additional help and expertise they do not have and the Commission members are lay people as well.
Mr. Formica stated Meg Parulis is very excited about this program and she is working with the Professor. This will save us money and will be done in a timely manner as it must be done by the end of the calendar year 2009.
Ms. Hardy asked if they had approved the accounting software for the Finance Department.
Mr. Formica stated they did not approve it for the Finance Department; it was approved for the Tax Collector and also the $12,000 for the server under computer equipment. He is not sure of the Finance Department’s software. As far as police cars, one has been pushed forward, two will be coming from grants, and he is not sure what the Board of Finance will do with that. As far as the town wide radio upgrade, the Board of Finance Chairman has requested something in writing from the Board of Selectmen stating their intent on that radio upgrade.
Mr. Wilson stated the Chairman of the Board of Finance was sitting in the audience at the time they discussed it.
Mr. Formica stated the Board of Finance plans on discussing that upgrade on March 24, 2008.
Mr. Wilson asked if their delay has altered any agreements with the purveyor for the discount.
Mr. Formica stated they have agreed to hold the discount. He has discussed the funding for that with Anna Johnson and there are a few ways of doing that, either by an interest only plan for a year and then bonding out for nine years, that way the debt services would not spike. There is a vision committee looking into the 1.5 million for the energy windows at Lillie B. Haynes to see if they facilitate the savings of $15,000 to $20,000 per year and if the schools have lifespan of more than 15 years would it be worth it to do it to other schools. There also has been talk of a new track and bleachers on the football field. The Board of Education may want those for 2012 or 2013. He hasn’t had a chance to check the quality of those bleachers at this time.
Mr. Wilson stated the Board of Education put on the budget ADA requirements for certain things. He is not against promoting the schools, but there are other issues to look at. He doesn’t know what the Board of Education is thinking. 8 years ago they built the Middle School and it was state of the art, the bleachers were state of the art, there is not much different about those bleachers than the high schools. Where are their priorities? They have to make adjustments.
Ms. Hardy asked if some of the ADA requirements were actual safety factors or if they are not functional, and if they are a matter for real concern. She would like additional information from the Board of Education. For instance the Lillie B. Haynes chimney repair. Does that affect the heating system? She doesn’t want to approve the budget and then have the Board of Education come back for more money.
Mr. Formica stated this was just a draft.
Ms. Hardy stated that if these were safety issues and if fines could actually be levied for not having these things.
Mr. Formica stated they will keep this on the agenda and in the mean time the Capital Committee will meet.
2b. Appointment – Tree Warden
Motion (7): Rob Wilson moved to appoint Bill Jezierski of 175 Whistletown Road, East Lyme Connecticut as Tree Warden for the Town of East Lyme through March 19, 2012. Seconded by Pamela Rowe
Mr. Formica stated that Bill Jezierski’s father was the Town’s long time tree warden and he started in the days when people just did work and got things done. He would do work for the town and not even bill them. He has discussed with Bill Jezierski that there are other tree services in town and they would have to entertain other vendors if work was needed, but he wouldn’t be excluded and Bill was amenable to that. They are in the process of getting a number of people certified so they can take this to the next level.
Motion Passed 4-0
2c. Non-Discrimination Certification
Mr. Formica stated that this was similar to a resolution that the Board of Selectmen passed in October of 2007 to get grant money from the State and it needs to be updated.
Motion (8): Rose Ann Hardy moved to approve the following resolution:
“Resolved, that the Town of East Lyme 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.”
Seconded by Pamela Rowe. Motion Passed 4-0
3. Unfinished Business
3a. Charter Revision Appointments and Charge
Ms. Hardy suggested they postpone the appointments as there are only four members at this meeting, and she would like a review of the list of candidates, some have provided no resume, she would like to set up a chart for geographical balance, and put a variety of people with different backgrounds in there to get a good cross section of the community.
Mr. Formica stated that a chart may be helpful but they will have to appoint members at their first meeting in April so they can finish next July and get it on the ballot that November. He wanted them to note some things on the list of revisions such as the alternate members for the Board of Finance with two year terms, the employment of town workers, he also is proposing that at the beginning of the First Selectman’s term the appointments can be made by the First Selectman within 30 days instead of 15, and he also has suggested a deletion of Sanitarian now that we have Ledge Light, and the Annual Town Meeting would be to discuss the budget and then it would be moved to a Referendum automatically.
Ms. Hardy stated that she has had a long tenure on the Board of Selectmen and has had experience with four different First Selectman, that position has grown in expectations and demands, being the Chief of Police, and the Water and Sewer Commission Chair. She thinks it is time to consider the election of a Deputy First Selectman; it could be a part time position. She is not sure if they would run together as a team or if they would continue to have the Deputy elected by the Board. That way the First Selectman would be free to take a vacation and wouldn’t have to ask the Deputy to serve and the Deputy could take on some of the increased demands of the job. She wanted to throw that out for discussion. The Charter has set up that job as a very demanding position. She would feel comfortable changing that part of the charter.
Mr. Wilson stated that as far as the Water and Sewer Chairman, there are at least 3 full time employees that could handle that, that could be separated out and have the Commission elect the chair or have the ex-officio be a town employee.
Ms. Hardy stated that was originally set up by ordinance because of contracts and negotiations they should have an elected official involved.
Mr. Wilson stated that the day-to-day First Selectman’s work is one thing, when those ordinances and charter were set up we didn’t have the employees we have now.
Mr. Formica stated when we give the Charter Revision Commission its charge we will have to identify the Statutes and Ordinance for them.
**It was decided that the Board of Selectmen would discuss Item 3d prior to the discussion of Items 3b and 3c.
3d. Discussion – Ordinance Establishing Fees for Use Of GIS **Proposed Ordinance attached as Attachment B**
Ms. Hardy stated that she thinks some of these fines are on the low side. She thinks they can all be increased.
3b. Discussion – Ordinance Establishing Fines for Violation of Inland Wetlands and Watercourses Regulations **Proposed Ordinance attached as Attachment C**
Ms. Hardy stated that Item 7 says fees shall be in addition to and not in lieu of other penalties. She would like that moved up so it follows the Statement of Fines so it is clearer. So they know that they will be fined $1000.00 but they are not excused from restoration or any other penalties. Item 6g where it discusses the appeal, the town will end up paying their attorney if it is allowed to go to Superior Court. She thinks it should say they have to pay the fine plus all of the Town’s ensuing court costs. She also thinks $15.00 is a joke, and it doesn’t say per day or per offense.
Mr. Formica stated it is for each citation, but it could be daily, this came from the Commission.
Ms. Hardy asked if they continue with the violation it will cost $15.00?
Mr. Formica stated if they don’t comply with one they will get a second fine. It should be defined more clearly.
Ms. Hardy stated $15.00 is not a deterrent. Is the person referenced on line 6b going to be paid for their services or is it a volunteer.
Mr. Formica stated he has interpreted it as a volunteer.
Mr. Wilson asked what criteria we would use to appoint someone.
Ms. Hardy asked what their qualifications would be.
Mr. Formica stated he would prefer a past chairman, or at least a long time member, or a land use attorney who is willing to volunteer their time.
She would like it stated that if they don’t pay their fines they would not be able to get any additional permits in town and they can’t continue any projects until it is paid.
Mr. Formica asked if the work should be suspended until the fines are paid?
Ms. Hardy stated yes and also they wouldn’t be eligible for any permits.
Mr. Wilson asked what if the developer has numerous projects?
Ms. Hardy stated if those projects are in this town they need to pay their fine before they continue with any project.
Mr. Wilson asked how we could say no to another project if they hadn’t paid their fine.
Ms. Hardy stated a major developer could afford it. Ms. Hardy stated in the past this has happened and they haven’t completed what they said they were going to and other projects have been allowed and environment damage hasn’t been fixed.
Mr. Formica stated they could put some language in there and see if it is acceptable.
3c. Discussion – Ordinance re: Waiver of Fees **Proposed Ordinance Concerning Waiver of Fees attached as Attachment D**
Mr. Formica stated this represents existing language, currently the regulations allow nonprofits to waive their fees. This will allow the Board of Selectmen control still and it will help us with affordable housing.
Ms. Hardy stated she was definitely opposed to the way this was written. The affordable housing developers are getting huge profits from doing that affordable housing and they only have to have 30% of their project be affordable housing.
Mr. Formica stated they could outline it to be specifically non-profit.
3e. Discussion – Separating Inland Wetlands and Watercourses and Conservation Commission
Mr. Formica stated he has given them a letter from the Town Attorney (Attachment E) and he suggests they change the name of the existing Inland Wetlands Commission and create a new Conservation Commission. That way the Town would not be without one at any time, which is needed by Statute. This is easier and cleaner than originally discussed.
Ms. Hardy stated she has concerns with the Conservation Commission only being advisory and having no teeth as far as enforcement. She would like to see what they are empowered to do, and see a more specific write up as far as their responsibilities.
Mr. Formica stated in their present state they are sometimes in conflict and he sees a need to separate it so that won’t happen.
All members agreed there really isn’t a need to hurry this matter through.
Mr. Formica stated they do have the opinion of counsel on the proper way to do this.
3f. Fuel and Energy Taskforce
Mr. Formica stated they have had a couple of people volunteer for this but they would like one or two more to work with the youngsters to do research and continue the process toward the goal of savings 20% on fuel and energy in the future.
3g. Senior Tax Relief Study
Mr. Formica stated he would like two more people for this.
4. Communications
There were no communications.
5. Information and Reports
5a. Ex-Officio
Ms. Rowe stated she could not go to the Youth Services meeting as it is meeting tonight. The Board of Education had a presentation at the media center at the middle school. The librarian discussed how she is trying to reinforce in the library what the children are learning in the classroom, it is a low cost program, they are looking outside the box. The high school’s Leo Club is accepting old computers to refurbish to give to families in need. The bleachers were discussed, and they also discussed homework and recess.
Mr. Wilson stated Park and Rec met and the main discussion was of the program booklet that everyone should have received in the mail by now. Dave Putnam teamed with the Norwich Bulletin to provide the town with a really good official guide to all of the programs; it was very well done. It is a great asset.
Ms. Hardy stated she replaced John Hogan in his absence at the Planning Commission Public Hearing. The Walnut Hill Subdivision or Pigeon Hill as it is being called was the subject. The first meeting was devoted to the developer’s presentation and their expert witnesses. There were 75 to 100 people in attendance. That meeting was continued until last night so all of the public had an opportunity to respond. Approximately 7 residents spoke at that. The developer has made several modifications to that plan. Most of the concerns were with flooding and the inadequacy of the road. The public hearing was closed and that commission has 45 days to make a decision. For Zoning the Gateway project was approved. The Commission on Aging met and that was routine business. She wanted to say that as far as the money from 40 Industrial Road, that money from that sale was to be put aside for future use of Public Works or for the rebuilding of storage for Park and Recreation and the Board of Education. She remembers bundling that sale into a bonding package. That was done May 4, 2005 and that was Wayne Fraser’s term, not Beth Hogan’s. She has had conversations with Beth Hogan and Sharon Hansen, who was the Chair of the Board of Finance at that time and neither of them could recollect the money being returned to the Middle School Construction Fund. There was no elected official that knew the money was in that account and that was not the intent of this Board either.
5b. First Selectman’s Report
Mr. Formica stated that he asked Anna Johnson to look into that and then he called the former Finance Director and Mr. Funke gave him the code to that account. We didn’t have that capital account unlocked and these funds were found along with a letter, which we didn’t have either. There is approximately $383,000 plus interest in the capital account and it is still there. He didn’t have copies of everything but Ms. Hardy was right. He is going to have Bond Counsel track that bond. So that is good news that the money is there. There was never a motion made to put aside that money for the public works building by the Board of Selectmen. Mr. Fraser discussed it at a meeting that was held at the Town Garage, but that meeting didn’t have a quorum and it was never moved on. He sees no problem using it for that capital expense and he will get more details once he talks to the Bond Counsel. The Hole in the Wall Storm Water Classroom Project is coming right along. It is designed to filter water, and there are some colleges interested in using that, as it is actually a classroom. The parking lot has gone out to bid and he expects that project to begin soon. The lot is required to have 30 spaces, but it will have 99. He participated yesterday in the Millstone Drill. It is designed to see how various agencies react, it is region wide, and they are evaluated by FEMA. He is very pleased and confident in our various agencies. He should have FEMA’s evaluation next week. He met with Mayor Jaskiewicz from Montville at the Silver Falls Dam, which is actually on Montville property. That damn is in tough shape, and the Mayor estimated to fix it would be approximately 1 million dollars. He is going to approach the State on that. The Pine Grove Sewers are in operation. The Federal Courts have asked for the town to go to mediation to resolve the Landmark matter. He has spoken with the federal attorneys about that. He contacted The Day and asked them to let everyone know what is going on with the gym floor. The next morning after that article the town’s building inspector said he was not sure if that is the case and he thought they could be moved and put back. The building committee has the wood to replace the floor. There is the possibility that they could be brought up to code once the bleachers are put back. To move the bleachers would be substantially less than replacing them. He has met with candidates for police officer that were recommended by Sgt Crooks. Lindsay Cutillo is currently at the academy, the second officer, Bill Boyer is a retired State Police Officer he doesn’t need to go to the academy, but there are some refresher courses there he will be taking. That is a good hire. We are on the way to having a full police force. The budget was presented to the Board of Finance last night. There is an April 28 public hearing date on that. There was a marina summit at the town hall and 17 business owners met so the town could find out the challenges they are facing. This has opened a dialogue between them. At the Economic Development Commission meeting they discussed linking the town hall’s website for the Chamber or other business entities to access that link and it would be a link to only East Lyme businesses. He attended a grand opening of NPR Associates on Flanders Road. It is a nice new office at 305 Flanders Road. Youth Services began a drought resistant garden at the Community Center. Contract negotiations are beginning shortly with the Union. There are many new ways to save on Health Insurance that are being looked into. He recently visited Carelot Children’s Center to give them a reading on his favorite Dr. Seuss book, Horton Hatches the Egg. He and the kids had a great time.
Ms. Hardy stated that was good work on following that money trail.
Mr. Wilson stated that was a good find on the outcome.
Ms. Hardy stated regarding Charter Revision she would like to add that the individual Agencies and Commissions tape all town meetings.
Mr. Formica stated we could do that
Ms. Hardy stated then we should get it underway.
Mr. Formica stated if the radio upgrade happens they will actually be able to show the meetings live. He will ask zoning what their feelings are on that at their next meeting.
6. Public Comment
Joe Mingo stated that the $15.00 fine refers to minor violations, which are normally levied by an officer, not at a hearing, that is not for contractors, and has nothing to do with the Conservation Commission. The Water and Sewer Commission members are all appoi |