EAST LYME BOARD OF SELECTMEN

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Scrolling down or clicking the bookmarks will take you to the minutes for meetings held in May.

Special Meeting, May 1, 2008
Public Hearing May 7, 2008
Regular Meeting, May 7, 2008
Special Meeting, May 21, 2008
Regular Meeting, May 21, 2008

 

SPECIAL MEETING     MAY 1, 2008

EAST LYME BOARD OF SELECTMEN

MINUTES

 

PRESENT: Paul Formica, Pam Rowe, Andrew McKirdy, Rose Ann Hardy, Jack Hogan,

                   Rob Wilson.

 

1. Mr. Formica called the meeting to order at 3:36 p.m. and led the Pledge.

 

2. Remove Item #1 from the Annual Town Meeting Call of May 12, 2008 – Adopt a Budget for the Fiscal Year Beginning July 1, 2008 as recommended by the Board of Finance and send to a Referendum.

 

MOTION (1)

Mr. McKirdy moved the following:

 

            Resolved, that the board of Selectmen, on its own initiative, hereby removes Item # 1. on the Call of Annual Town meeting to be held on May 12, 2008, pertaining to the adoption of the budget for the fiscal year beginning on July 1, 2008 as recommended by the Board of Finance and submits said item to the persons qualified to vote in said meeting for a “yes’ or “no” vote on the voting machines during the hours between 6:00 a.m. and 8:00 p.m. on Friday, May 23, 2008 at the East Lyme Community Center on Society Road.

 

Seconded by Mr. Hogan.

 

Ms. Hardy stated that today is Law Day and our local law is our Town Charter, which states our town budget is decided at Town Meeting. She added that it is not in the realm of the Board of Selectmen and we would be violating our Town Charter, which does not provide for a machine vote. She added that the Board couldn’t pick and choose what they do or do not like about the Charter.

 

Mr. McKirdy cited a letter received by prior First Selectman Beth Hogan dated August 15, 2007 from Town Attorney regarding “Referendum on Initiative of Board of Selectmen” (identified as Attachment A) refers to Section 7-7 of the CT General Statutes which states that the Board of Selectmen can legally send the budget to a machine vote. He added that by setting the date for a referendum of May 23rd, people would be allowed to vote by absentee ballot which is a much better result than waiting for the Annual Town Meeting and then setting a referendum date within the prescribed time would not allow for absentee voting.

 

Ms. Hardy stressed that our Town Charter was adopted in 1965 and has had several revisions over the years and the last Charter Revision Commission rejected this very action. She added that the date setting a referendum was the prerogative of the Town Meeting and she would not support this.

 

Mr. Hogan commented that May 23rd was an appropriate date since it would enable a lot of out of town property owners to either be here to vote because it was the start of a holiday weekend, or to vote by absentee ballot.

 

Mr. Wilson stated it would be interesting to see if the out of town property owners would support what we are doing and this date would enable them to take part.

 

Mr. Formica stated that by removal of #1 from the Town Meeting Call, discussion on the budget would not be deleted. He noted that there would be a complete budget presentation and time for public comment at the Annual Town Meeting on May 12th. He believed setting the referendum date on May 23rd would enable as many townspeople and stake holders as possible to vote and there would also be the added incentive of absentee ballots available. He added that this was the fairest and most equitable way to do it.

 

Aye: Mr. Formica, Mr. Hogan, Ms. Rowe, Mr. McKirdy, Mr. Wilson.

N ay: Ms. Hardy. Motion passed 5-1.

 

3. Authorize First Selectman to enter into Agreement with NECS Regarding a Radio Upgrade Program for the Town

Mr. Formica noted that this was merely a housekeeping item since the Town had given its approval at Town Meeting however, the Board had to offer a motion for him to sign the contract.

 

MOTION (2)

Mr. McKirdy moved the following:

            Resolved, to authorize the First Selectman to execute, in the name and on behalf of the Town, a communications system agreement with New England Communications Systems, Inc., in the amount of $1,305,914.65 and a related agreement regarding a service plan, and to sign such other documents and take such actions as may be necessary or desirable to implement and effectuate said agreement.

 

Seconded by Mr. Hogan. Motion passed 6-0.

 

4.  Public Comment

Joe Mingo thanked the Board of Selectmen for their actions. He added that the potential of absentee ballots bodes well for those who are disabled. He questioned if the Town Charter was our rule of law in this town since the Charter states no Town employee can serve on any Board or Commission. He said that he would like to see the budget split.

 

Bob Gadbois said he would like to see the high school bleachers put on the referendum ballot.

 

Gene Medley has some questions about the date for the referendum

 

Mr. Formica responded that the referendum would occur on May 23rd, but there would be ample opportunity on May 12th to ask questions and discuss the budget.

 

Ms. Johnston thanked the Board for their action, which would allow the beach people a chance to vote. She suggested that more research be done before the Town signs on for solar panels.

 

Mike Schulz of Lovers Lane thanked the Board for sending the budget to referendum and added he would like to see the budget split in the future.

 

Mr. Formica thanked everyone for coming and added that the reason for this 3:30 p.m. meeting was it was the first time he could get the full complement of the Board together and he believed that that since this was the first time in the Town’s history that the Selectmen had sent the budget to referendum, he should have the all members present.

 

MOTION (3)

Ms. Rowe moved to adjourn the Special Meeting of May 1, 2008 at 3:58 p.m.

 

Seconded by Mr. Wilson. Motion passed 6-0.

 

Respectfully submitted,

 

 

 

Darlene C. Stevens, Recording Secretary

 

 

 


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PUBLIC HEARING OF MAY 7, 2008

EAST LYME BOARD OF SELECTMEN

MINUTES

 

PRESENT: Paul Formica, Andrew McKirdy, Pam Rowe, Jack Hogan, Rob Wilson.

 

EXCUSED: Rose Ann Hardy.

 

ALSO PRESENT: Town Attorney Ed O’Connell.

 

Mr. Formica called the Public Hearing to discuss proposed amendments and new Ordinances (as attached) to order at 7:04 p.m. and led the Pledge. He added that this was an opportunity for the public to offer comment on the proposed new ordinances and changes for existing ordinances. He said that Attorney O’Connell would present background and explanation on each of these items.

 

Attorney O’Connell reviewed the following:

  1. Ordinance Repealing Ordinance Entitled East Lyme Department of Health Fee Schedule. He stated that this was a routine matter since we now have Ledge Light we can repeal the fee schedule. At a later date if we separate from Ledge Light, we would simply enact another fee schedule.
  2. Ordinance Establishing Fees for Use of Geographic Information System

He commented that this was authorized by State Statute and noted that the fees would be paid when the request for data was made.

  1. Ordinance Amending Ordinance Entitled Ordinance Prescribing Fees for Building and Demolition Permits

He said that this was self-explanatory and that some of the fees had been increased.

  1. Ordinance Amending Ordinance Entitled Ordinance Establishing a Conservation Commission for the Development and Conservation of Natural Resources, Including Natural Resources, within East Lyme.

He added that the name of the existing Conservation Commission would change to the Inland Wetlands Commission and they would be responsible for the development and conservation of our natural resources.

  1. Ordinance Amending Ordinance Entitled Ordinance Concerning Inland Wetlands and Watercourses.

He added that this ordinance would designate the conservation commission as the   Inland Wetlands Agency responsible for the timelines, priorities and permits.

     6. Ordinance Establishing a Commission for the Conservation of Natural Resources.

This ordinance would establish a new, five member Commission, and effective July 1, 2008 with the powers and duties of conservation commissions as set forth in the General Statutes.

  1. Ordinance Establishing Fines for Violation of Inland Wetlands and Watercourses Regulations.

This would be the fining ordinance drafted at the request of the Conservation Commission to enable them to enforce their regulations.

 

John Drabik of 18 Drabik Road stated he was afraid that the creation of another commission was making more government and he was not sure if it would work any better. He said he was in favor of the ordinance and we need someone to enforce the regulations and this would give them some teeth. He stressed we need to see something that works for the people.

 

Joe Mingo of 397 Boston Post Road stated that he was concerned with the fees proposed for GIS services. He added that the fees might not be in compliance with the FOI regulations.

 

Barbara Johnston of 35 Seacrest Avenue commented she was confused about the sections of the ordinance that would be repealed. She inquired who would appoint the members of the new Commission and who will issue citations?  She stressed that the power should not go only to the First Selectman. She also asked who would be the hearing officer, would it be an attorney? She added that she hoped that the Inlands Wetlands Commission would not interfere with the Harbor Management Commission.

 

Attorney O’Connell responded that an enabling statute, which states that municipalities can impose a “reasonable fee” for services and this statute would prevail over the FOI regulations, does the fee schedule for GIS services. He added that it was up to the Board of Selectmen to determine if the fee is reasonable. He commented that Sections 1-4 of the old ordinance regarding the formation of the Conservation Commission were being repealed. He added that the Board of Selectmen does not repeal regulations and that the First Selectman would be appointing the Enforcement Officer. The statute states that a police officer or someone designated by the First Selectman can appoint a citation-issuing officer. He also added that the Charter states that only the Board of Selectmen can appoint members of a commission.

 

Ron Rando of 194 Boston Post Road stated that we did not need more government on the people’s backs. He added that he hoped that these ordinances did not give the people downstairs more power.

 

Dan Wade of 392 Boston Post Road was present to speak against the splitting of the Conservation Commission. He stated that it was a difficult process to get through and the Town should not make it more difficult for people to use their land. He added that the Enforcement Officer has helped them a lot but that the Town needs accountability. He said that Joe Mingo has held exparte communications at his home and other places of business while a member of the Conservation Commission. He added that when the member of public office abuses his authority, they should be removed from office. He said that setting up another committee to get rid of people like this is not right. Mr. Wade presented material to the Board (included with these minutes as Attachment A).

 

Mr. Formica stated for the record that Mr. Mingo’s term had expired in January of 2008.

 

 

Barbara Johnston stated that the fees do not make sense and that $15.00 is not a deterrent.

 

Attorney O’Connell responded that the fee schedule contemplates that if the Enforcement Officer desires, there can be multiple citations.

 

John  Drabik suggested raising the fees. He added if you hold the developer to certain standards and he does not measure up, you should fine him.

 

MOTION (1)

Mr. McKirdy moved to close the Public Hearing at 7:38 p.m.

 

Seconded by Mr. Hogan. Motion passed 5-0.

 

Respectfully submitted,

 

 

 

Darlene C. Stevens, Recording Secretary

 

 


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MEETING OF MAY 7, 2008

EAST LYME BOARD OF SELECTMEN

MINUTES

 

PRESENT: Paul Formica, Andrew McKirdy, Pam Rowe, Jack Hogan, Rose Ann

                   Hardy, Rob Wilson.

 

ALSO PRESENT: Town Attorney Ed O’Connell and Finance Director Anna Johnson.

 

Mr. Formica called the meeting to order at 7:42 p.m. and requested that the recipients of the Public Safety Awareness Week Proclamation lead the Pledge.

 

Mr. Formica thanked the members of the Public Safety Club and their Advisor Jim Barnes for all that they do. He read a proclamation that was awarded to all the members.

 

 

1b. Additional Agenda and Consent Calendar Items

MOTION (1)

Mr. McKirdy moved to add Item 2l., Appointment –Cable TV Advisory to the May 7, 2008 agenda.

 

Seconded by Ms. Rowe. Motion passed 6-0.

 

1c.  Delegations

Ms. Stetler of 66 Dean Road stressed the need to get the word out to the community that there have been 8-9 burglaries in East Lyme in the last few months, during the hours of 6 – 9:00 p.m. She stated that there had been no coverage in the papers and perhaps if people were aware of what was going on, they could keep a look out.

 

Mr. Wade commented that he had experienced some larceny on a trailer that he has on his property on Boston Post Road.

 

Ron Rando of 194 Boston Post Road stated that there have been break in problems in town for a long time. He said that there is never anything about it in the paper.

 

Joe Mingo commented that a ceremony had been held on April 25th to honor the memory of Tree Warden Wes Jezierski by the planting of a tree at McCook’s Park. He added that this Saturday, the Touch a Truck program would be held at McCook’s, which will allow little kids to see and touch big equipment. He added that during last year’s budget process, approximately $300,000 had been put in an escrow account and was to be used to reduce the budget. He believed that this money should be sent back to the people and if not, should sit in an escrow account until the budget was passed and then lower it by an additional $300,000.

 

John Drabik stated that the residents had been taxed for the budget in a certain fiscal year and then the tax was to be used for the next fiscal year, which he did not believe, was legal. He added that he had heard a rumor that Mostowy Road was to be rebuilt by the Town using taxpayer money. He stated that the developer should have to pay for the repairs since he is the one who has driven all the heavy equipment over it and ruined it. He suggested that the Town should see if there was a bond posted by the developer and if it was, the bond should be used to fix the road.

 

Nancy Kalal of 80 Grassy Hill Road asked when the Board might consider the Right to Farm Ordinance and a demolition ordinance.

 

Bob Gadbois of 358 Boston Post Road said that the bleachers have not been moved yet and the wood underneath has not been replaced. He said it was stupid to get new bleachers and not to spend the money. He inquired about the shrubs that had been removed from between the Flanders Fire Department and the pizza restaurant? He said that he had watched the tape of the Public Hearing held by the Board of Finance at the High School and two to three people’s comments had been cut from the tape and he wanted to know why.

 

Mike Schulz of Lovers Lane commented that the entire break ins are very similar in nature and noted that if the telephone wires are cut; this will disable most alarm systems.

 

Cheryl Lozanov of 9 W Society Road stated she was an avid cyclist and it was getting very dangerous to ride in East Lyme adding that she had been in two accidents. She commented that no action had ever been taken by the police and added that the people should be educated about cyclists and the rules of the road. She noted that the litter, garbage and trash were again becoming a major problem in town.

 

1d.  Approval of Minutes, Meeting of April 16, 2008

MOTION (2)

Ms. Rowe moved to approve the minutes of the April 16, 2008 Board of Selectmen meeting as submitted.

 

Seconded by Mr. Wilson.

 

Aye: Mr. Formica, Mr. McKirdy, Mr. Hogan, Ms. Rowe, Mr. Wilson.

Nay: None.

Abstain: Ms. Hardy. Motion passed 5-0-1.

 

1e. Consent Calendar

MOTION (3)

Mr. Wilson moved to approve the Consent Calendar for the meeting of May 7, 2008 in the amount of $51.42.

 

Seconded by Ms. Rowe. Motion passed 6-0.

 

2a.  Discussion / Action –Public Hearing – Amended and Potential Ordinances

 

MOTION (4)

Mr. McKirdy moved to adopt the Ordinance Repealing Ordinance Entitled East Lyme Department of Health Fee Schedule.

 

Seconded by Mr. Hogan. Motion passed 6-0.

 

MOTION (5)

Mr. McKirdy moved to adopt Ordinance Establishing Fees for use of Geographic Information System.

 

Seconded by Mr. Hogan.

 

Ms. Hardy noted the $5.00 shipping and handling charge in the GIS Ordinance and added that it was not enough.

 

Mr. Wilson agreed suggesting it be changed to $10.00.

 

Mr. McKirdy amended his motion and Mr. Hogan amended his second to reflect this change.

 

Motion passed 6-0.

 

MOTION (6)

Mr. McKirdy moved to adopt the Ordinance Amending Ordinance Entitled Ordinance Prescribing Fees for Building and Demolition Permits.

 

Seconded by Mr. Hogan. Motion passed 6-0.

 

MOTION (7)

Mr. McKirdy moved to adopt the Ordinance Amending Ordinance Entitled Ordinance Establishing a Conservation Commission for the Development and Conservation of Natural Resources, Including Natural Resources, within East Lyme.

 

Seconded by Mr. Hogan.

 

Mr. McKirdy stated that there had been some comment this evening regarding the splitting of a commission into two entities would be adding another step to the process. He stressed that this was not true and that the new Conservation Commission would be an advocacy body not a regulatory body.

 

Motion passed 6-0.

 

MOTION (8)

Mr. McKirdy moved to adopt the Ordinance Amending Ordinance Entitled Ordinance Concerning Inland Wetlands and Watercourses.

 

Seconded by Ms. Rowe. Motion passed 6-0.

 

MOTION (9)

Mr. MrKirdy moved to adopt the Ordinance Establishing a Commission for the Conservation of Natural Resources.

 

Seconded by Ms. Hardy.

 

Mr. McKirdy stated that this ordinance would cite duties of the Commission as set forth in the State Statue 7-131a. The Statute indicates the Commission shall conduct research, coordinate activities of unofficial bodies, advertise, prepare and distribute books, maps, charts, plans and pamphlets, and inventory natural resources. It is not a regulatory commission.

 

Motion passed 6-0.

 

MOTION (10)

Mr. McKirdy moved to adopt the Ordinance Establishing Fines for Violation of Inland Wetlands and Watercourses Regulations.

 

Seconded by Mr. Wilson.

 

Ms. Hardy stated that on two previous occasions, she had commented that the $15.00 fine was insufficient. She added that it was not particularly punitive or preventative and she would like to see the figure increased.

 

Mr. Wilson commented that he understood that it was not designed to hurt the homeowner and the main purpose was to educate him. He agreed that the $15.00 fine might be too low.

 

Mr. Formica stated that activities without a permit would not go before the Board; it would be more of an administrative item that would be handled in the office and that was the reasoning in the figure being set as is.

 

Keith Hayden, the Conservation Enforcement Officer for the Town commented that this was his job and if someone violates the regulations, he has to go out and check things out. He added that it is not the money the Commission was concerned with, but the environment. He stressed that they want to see the environment protected. He added that not getting an administrative permit does not damage the environment.

 

Ms. Hardy requested the maker of the motion increase the fine to $25.00.

 

Mr. McKirdy responded in the negative, adding that we should respect the work of the Commission and follow the Commission’s recommendation.

 

Aye: Mr. Formica, Mr. McKirdy, Ms. Rowe, Mr. Hogan, Mr. Wilson.

Nay: None.

Abstain: Ms. Hardy. Motion passed 5-0-1.

 

MOTION (11)

Mr. McKirdy moved that all ordinances adopted this evening become effective July 1, 2008. The Ordinance Establishing Fines for Violation of Inland Wetlands and Watercourses Regulations would become effective 10 days after publication of its notice.

 

Seconded by Ms. Rowe. Motion passed 6-0.

 

2b. Registrar’s Budget Transfer $6200 to cover cost of Referendum

MOTION (12)

Ms. Rowe moved to approve the following transfer:

            Transfer $6200 from Account # 8-01-01-114-200-296 (Tax Refunds) to Account # 8-01-01-110-500-402 (Referendum Primary) and forward to the Board of Finance for their approval. Said transfer it to cover the estimated cost of the 2008-2009 Budget Referendum.

 

Seconded by Mr. Wilson.

 

Ms. Hardy inquired how the money was available from tax refunds?

 

Mr. Formica responded that funding to cover tax refunds is budgeted each year.

 

Aye: Mr. Formica, Ms. Rowe, Mr. McKirdy, Mr. Hogan, Mr. Wilson.

Nay: Ms. Hardy. Motion passed 5-1.

 

2c.  YSA Appropriation $2500 from 501c3 Closeout

Mr. Formica noted that the Youth Services Director has changed the destination of this fund so this is the same dollars that we had approved in the past, but to a different end, therefore we must start over again and then forward to the Board of Finance for their approval.

 

MOTION (13)

Mr. Wilson moved to appropriate $2500 of the funds from the East Lyme Youth Services Inc 501c3 close out to the Miscellaneous Supplies line item 8-01-01-45-422-300-320 to partially subsidize programs for the Youth of East Lyme including the Youth Coffee House and YAM and to forward to the Board of Finance for their approval.

 

Seconded by Ms. Rowe. Motion passed 6-0.

 

2d.  Appointment – SE CT Water Authority Advisory Board

Mr. Formica noted that Republican Wayne Fraser presently sits on this Board and according to the State Statute that is included; a member of each party should sit. The Council of Governments suggests that the CEO of each town should be appointed to this Board. He suggested that this item be tabled until he could talk to COG and find out what their interpretation is.

 

2e.  Authorize First Selectman to Enter into Agreement with Discover Our Town LLC on behalf of the Economic Development Commission

Mr. Formica noted that this would allow the EDC to host a link from our Town website to an organization that would promote businesses in East Lyme. It would also promote non-profit and civic organizations and promote town activities. They put this out as an RFP and there was one person who responded. There is no cost to the Town for this. He added that this motion would authorize him to enter into the agreement.

 

MOTION (14)

Mr. Wilson moved to authorize the First Selectman to enter into an agreement with Discover Our Town LLC on behalf of the Economic Development Commission for a website at no cost to the Town.

 

Seconded by Ms. Rowe.

 

Ms. Hardy inquired if this organization will make its money by paid advertising?

 

Mr. Formica said he believed they do make money from the people that they have under their umbrella with the exception of the non-profits.

 

Ms. Hardy stated that she believed she read that if you are on a town registered website, you cannot promote advertising. If there is a link to our website, we would be promoting.

 

Mr. Hogan agreed that we should not be in the business of promoting businesses. He suggested reviewing the legalities. He inquired about adding a disclaimer?

 

Mr. Wilson cited the Marathon website in the past that had a link to our website and listed local hotels and restaurants.

 

Ms. Hardy stated that was an informational listing and not advertising. She stated that we need to know the legal ramifications of this.

 

Mr. Formica suggested the Board authorize him to sign this agreement. He will find out if the disclaimer will work and he will investigate the legalities and bring the information back to the board before he signs the document.

 

Motion passed 6-0.

 

2f.  Budget Transfer $750 – Planning Commission Recording Secretary

Mr. Formica stated that there were more meetings this year than had been planned on.

 

Ms. Hardy inquired how the fees could have increased when in the past, the Planning Commission had two meetings a month and for the last year, they had reduced the amount of meetings to once a month. She added that she was surprised at the rationale.

 

Mr. Hogan responded that the Planning Commission has had a number of workshop meetings on the Plan of Development, the Walnut Chase Subdivision and the Open Space Subcommittee.

 

Mr. Formica commented that he has directed the Planning Director to be more prudent with her meetings in the future.

 

MOTION (15)

Mr. Hogan moved to approve the transfer in the amount of $750 from 8-01-01-101-100-211 (Executive Assistant / First Selectman) to account 8-01-01-129-100-412 (Planning Commission Recording Secretary) due to meetings being greater than the original fiscal year estimate and to forward to the Board of Finance for their approval.

 

Seconded by Ms. Rowe. Motion passed 6-0.

 

2g.  Budget Transfer $9995 Purchase of Software Upgrade for Tax Department

MOTION (16)

Ms. Rowe moved to approve a transfer in the amount of $9995 from account 8-01-01-103-100-311 (Tax Aides) to account 8-01-70-724-700-403 (Town CIP – Tax Collector Hardware / Software Upgrade) and forward to the Board of Finance for their approval. Request is for the purpose of a software upgrade and related equipment noted in the proposal from R. Walsh Associates Inc. in the Tax Department in order to increase efficiency.

 

Seconded by Mr. Wilson.

 

Mr. Formica stated that there had been discussions during the budget sessions on the necessity of a long overdue upgrade to the Tax Department software. He added that our software vendor, R. Walsh Associates, Inc., has offered the town a multi year plan to pay for the upgrade with related hardware incentives, which would include a payment of $9995. by June 30th. He added that one of our long time staff members had retired in this department and there are sufficient remaining funds in the Tax Aides payroll account, which would enable us to make this payment.

 

Ms. Hardy inquired about the graphics printer, which would enable us to produce the bills in house. She asked where the original tax information would be stored?

 

John Dean from Walsh Associates responded that the original tax information would be stored on the hard drive of the computer for 15 years and a back up tape would also be kept.

 

Ms. Hardy inquired about the training for the employees.

 

Mr. Dean responded that there would be a period of 10 days where they would be in house installing and training the employees on the software.

 

Motion passed 6-0.

 

2h.  Transfer to Board of Finance Recording Secretary

MOTION (17)

Mr. Hogan moved to approve the transfer in the amount of $850 from 8-012-01-101-100-211 (Executive Assistant / First Selectman) to account 8-01-01-126-100-412 (Board of Finance Recording Secretary) and forward to the Board of Finance for their approval. Transfer needed due to number and length of budget meetings being greater than the original fiscal year estimate.

 

Seconded by Ms. Rowe. Motion passed 6-0.

 

2i.  Ratify Fiscal Year Transfers within Department Budgets

MOTION (18)

Mr. Wilson moved to ratify departmental transfers in the amount of $4,868.02 processed for fiscal year end June 30, 2008 and to forward to the Board of Finance for their approval.

 

Seconded by Mr. McKirdy. Motion passed 6-0.

 

2j.  Discussion – Solar Energy Exemption

Mr. Formica suggested that Town Attorney review the information and draft pertinent language for an amended ordinance.

 

2k.  Proposed Zoning Changes  - Ordinance Establishing Schedule of Fees for Conservation, Planning and Zoning Commissions

Mr. Formica noted that the fee changes were to make our fees comparable to the surrounding towns.

 

MOTION (19)

Mr. McKirdy moved to authorize the First Selectman to sign a Call for Public Hearing on the Amended Solar Ordinance and Amended Ordinance Establishing Schedule of Fees for Conservation, Planning and Zoning Commissions to be held on June 4, 2008 at the East Lyme Town Hall Upper Meeting Room at 7:00 p.m.

 

Seconded by Mr. Hogan. Motion passed 6-0.

 

2l. Appointment – Cable TV Advisory

MOTION (20)

Ms. Rowe moved to appoint Allan R. Taylor of 10 Lakeview Circle, Niantic, CT to serve as a representative to the Cable TV Advisory through January 4, 2012.

 

Seconded by Mr. McKirdy. Motion passed 6-0.

 

3a.  Fuel and Energy Taskforce and Senior Tax Relief Study

Mr. Formica commented that he is just about ready to bring this taskforce and study forward as soon as the budget is finished.

 

5a.  Ex-Officio

Ms. Hardy requested an Executive Session meeting prior to the May 21st meeting to review pending litigation, pending grievances and contract negotiations.

 

The consensus of the Board was to start a special meeting for this purpose at 6:30 p.m.

 

Ms. Rowe stated that the Board of Education’s budget had been reduced an additional $700,000 which would make it a 3.6% increase over their current budget. She said that they are investigating the possibility of solar panels for the roof and the bleachers will stay as is until after Town Meeting when the people vote. The last day of school is proposed as June 20th. She said she is unable to attend the Youth Services meeting since they meet on the third Wednesday of the month, as does the Board of Selectmen. She read the Director’s report for the month into the record (identified as Attachment A).

 

Mr. Wilson commented that the Parks and Recreation Commission were reviewing their upcoming seasonal programs; beach passes were now on sale and they were in the process of conducting seasonal staffing interviews.

 

Mr. Hogan said that Charter Revision would be holding a Public Hearing on May 19th and that they were in the process of reviewing the Charter and identifying areas that they wanted to consider for change. He said that the Planning Commission was showing some movement on the Plan of Development and he had urged them to finish the storm water regulations so that the moratorium could be lifted.

 

Ms. Hardy had no report. She noted that we have had very little coverage in The Day and suggested they be contacted with our concerns. She added that the newspaper does a great disservice to our community by not covering the area.

 

Mr. Formica stated that he had called The Day and that we were to get a new reporter at the end of May. She said that there were comments earlier about some people’s comments being cut out from the tape of the Board of Finance Public Hearing. There were two people working on the taping, and the digital tape lasts for 1.5 hours. When the tape ran out, there was no additional tape readily available and this is why three speakers’ comments were not on the tape. She commented that regarding Mostowy Road, this Board did give approval to change the northern outlet of the road. She added that presently the silt fences are down and the road is in deplorable condition and we should check about a bond.

 

Mr. McKirdy said that the Town Building Committee met and the new roof at the High School was completed and the gym floor was done except for underneath the bleachers and they were waiting for a decision from the Town Meeting to see if anything else would be done. He added that there seems to be somewhat of a problem with the Middle School gym floor with the centerboards rising.

 

5b.  First Selectman’s Report

Mr. Formica said there is a bond on Mostowy Road. He added that there is a question of permitting from the Army Corps of Engineers and this is all part of some pending litigation with the developer. He said that he had attended the Sam Jam at the Middle School and was amazed at the number of science presentations and added that the kids were unbelievable. He attended the first Sergeant’s meeting at the Police Department where they discussed issues and starting working on coordination of the chain of command. He attended the Commission on Aging Volunteer Dinner at the Senior Center. No action was taken at the Route 11 Greenway meeting. There was a tree-planting memorial honoring Wes Jezierski on April 25th at McCook’s Park and he thanked Joe Mingo for his assistance. Informal discussions have begun with the new Union for the Dispatchers. He said he attended and spoke at the Board of Finance Public Hearing at the High School. He said that the budget was sent to a referendum vote on May 23rd and at the Annual Town Meeting on May 12th, there will be another presentation of the budget and a question and answer period. He noted that he had met with our new Resident Trooper Sgt. Blanchette. We had a walking lunch last week to celebrate Heart Healthy Day and employees were allowed to walk to the Hole in the Wall during the lunch period, received pedometers and attended a healthy cooking demonstration. He had a meeting with the Youth Services Chair regarding some issues that they had with the Board of Finance. A new police officer, Bill Bowyer was sworn in and will begin work this week. There are two prospective officers in the academy. He said that he toured the SCRRRA Waste to Energy Plant and they talked about single stream recycling. He also met in Salem with the First Selectman on ways to reduce legal expenses for the towns. The possibility of utilizing the State Attorney ‘s office to enforce cease and desist orders was reviewed. He said he attended the annual meeting of the Friends of Oswegatchie Hills and attended a Junior Citizens at the Elks. He was present for Judy Deeb’s 500th win and at the monthly department head meeting discussed health care options to lower costs. He commented that they are watching State revenues closely and the Legislative Session will end this evening at midnight. He commented about the staffing changes that had been included in the Board members folders and the Zoning Commission would be holding a workshop on the Gateway project.

 

6. Public Comment

Joe Mingo commented that Charlie Ashburn had served on SCWA and when he resigned, Beth Hogan (prior Democratic First Selectman) had taken over. He believed that you could not have two of the same party serving. He said that the shrubs at the Flanders Fire House had been removed because they were a hazard. He commented that the new Hole in the Wall building was a tribute to the town.

 

Ron Rando said to either repair the bleachers or leave them as they are. He said that the Board did not listen to any of the comments made at the public hearing and then they voted the way they wanted to.

 

Mike Schulz said that each town employee should be made aware of their total compensation package including the benefit costs. He reviewed the union’s percentage increases over the last few years and suggested getting rid of the unions because of the greed. He added that the public has no way to offer input on the contracts until they are done and this is wrong. He again stressed getting rid of the unions.

 

Karen Rak noted that there was no budgetary information on the Web page regarding the Water and Sewer budget. The public has no idea how many people work and what they make.

 

Joe Mingo stated that the Water and Sewer departments are a public utility and the ratepayers pay a benefit not the taxpayers. He added that the labor costs are illustrated the way the State DPUC demands.

 

7.  Selectmen’s Response

Mr. Formica said that the bleachers had been brought forth by a unanimous vote of the Board of Education and the Selectmen sent it on to the Annual Town Meeting for a vote.

He stressed that the Board did listen to the input offered by the public during the hearing, but they might not necessarily agree. He added that we need a strong regulatory board to protect our natural resources.

 

MOTION (21)

Mr. Wilson moved to adjourn the May 7, 2008 meeting of the Board of Selectmen at 9:57 p.m.

 

Seconded by Ms. Rowe. Motion passed 6-0.

 

 

Respectfully submitted,

 

 

 

Darlene C. Stevens, Recording Secretary

 

 


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SPECIAL MEETING OF MAY 21, 2008

EAST LYME BOARD OF SELECTMEN

MINUTES

 

PRESENT: Paul Formica, Andrew McKirdy, Jack Hogan, Pam Rowe, Rose Ann Hardy.

 

ALSO PRESENT: Town Attorney Ed O’Connell.

 

Mr. Formica called the meeting to order at 6:36 p.m.

 

MOTION (1)

Mr. McKirdy moved to enter into Executive Session for the purpose of discussing pending litigation and labor issues and to invite Attorney O’Connell to attend as appropriate.

 

Seconded by Ms. Hardy. Motion passed 5-0.

 

Mr. Wilson arrived at 6:50 p.m.

 

MOTION (2)

Mr. McKirdy moved to return to regular session at 7:35 p.m. with no action taken during Executive Session.

 

Seconded by Ms. Hardy. Motion passed 6-0.

 

MOTION (3)

Mr. McKirdy moved to adjourn the Special Meeting of the East Lyme Board of Selectmen at 7:36 p.m.

 

Seconded by Ms. Hardy. Motion passed 6-0.

 

 

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MEETING OF MAY 21, 2008

EAST LYME BOARD OF SELECTMEN

MINUTES

 

PRESENT: Paul Formica, Andrew McKirdy, Pam Rowe, Jack Hogan, Rose Ann Hardy

                   Rob Wilson.

 

Mr. Formica called the meeting to order at 7:36 p.m.

 

1b.  Additional Agenda & Consent Calendar Item

There was none.

 

1c.  Delegations

There was none.

 

1d1.  Approval of Minutes, Special Meeting of May 1, 2008

MOTION (1)

Ms. Rowe moved to approve the minutes of the Special Meeting of May 1, 2008 as submitted.

 

Seconded by Mr. McKirdy. Motion passed 6-0.

 

1d2.  Approval of Minutes, Public Hearing of May 7, 2008

MOTION (2)

Ms. Rowe moved to approve the minutes of the Special Meeting of May 7, 2008 as submitted.

 

Seconded by Mr. Hogan. Motion passed 6-0.

 

1d3.  Approval of Minutes, Meeting of May 7, 2008

 

Mr. Formica noted on page 9, second paragraph from the bottom, second sentence, first word should be corrected to He instead of She.

 

MOTION (3)

Mr. Hogan moved to approve the minutes of the meeting of May 7, 2008 as corrected.

 

Seconded by Mr. Wilson. Motion passed 6-0.

 

1e.  Consent Calendar

Ms. Hardy requested that all of the individual backup paperwork not be copied for each meeting in an effort to save paper.

 

MOTION (4)

Mr. Wilson moved to approve the Consent Calendar for the meeting of May 21, 2008 in the amount of $1,925.41.

 

Seconded by Ms. Rowe. Motion passed 6-0.

 

2a.  Discussion – Proposed Ordinance Authorizing Tax Collector to Retain Payments in excess of amount due, provided excess is less than $5.00

Mr. Formica noted that this was a cost containment and time issue.

 

Tax Collector John McCullough said that for the 2007 – 2008 fiscal year, we have had 80 refunds between $1.00 and $5.00. He added that we do not process refunds under $1.00. He reviewed the lengthy process necessary to process refunds.

 

Ms. Rowe commented that this was great. A resident gets a check for $1.00 and it costs

$.42 to mail, not including the cost of the envelope and the employee time involved.

 

Ms. Hardy inquired if the taxpayer’s account could be credited for the next tax bill, adding that no matter what the amount, it was their money.

 

Mr. McCullough stated that he did not know, he would have to investigate.

 

Mr. Formica commented that Ms. Hardy brought up a good point. This is someone’s money and no matter how small, if we could find a way to credit it, it would make sense.

 

Mr. McKirdy noted that we would still need some sort of provision for people who no longer reside here.

 

Mr. Hogan suggested giving the Tax Collector some time to investigate the matter and to report back.

 

The consensus of the Board was to table this item until the next meeting.

 

3a.  Review Agreement for Discover East Lyme as Amended by Town Counsel

Mr. Formica noted that at the last meeting, the Board had voted to authorize him to sign this agreement and to investigate their concerns about the potential liability regarding advertising. The Town Attorney has modified the agreement and he was now bringing it back to the Board for their review.

 

Mr. McKirdy noted that the Board had authorized him to sign this agreement and therefore the agreement was now before them for informational purposes.

 

3b.  Appointment – SE CT Water Authority Representative