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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 June.
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PUBLIC HEARING OF JUNE 4, 2008 EAST LYME BOARD OF SELECTMEN MINUTES
PRESENT: Paul Formica, Pam Rowe, Andrew McKirdy, Rob Wilson.
EXCUSED: Rose Ann Hardy, John Hogan.
ALSO PRESENT: Town Attorney Ed O’Connell, Zoning Enforcement Officer Bill Mulholland.
Mr. Formica called the Public Hearing to order at 8:22 p.m. and apologized for his tardiness adding that he had just concluded five hours of negotiation.
AMENDED AND RESTATED ORDINANCE AUTHORIZING PROPERTY TAX EXEMPTIONS FOR SOLAR ENERGY SYSTEMS (THIRD AMENDMENT). Attorney O’Connell commented that the changes to this ordinance were mainly housekeeping. This is an ordinance for exemptions for solar energy systems from assessments of real property. In this particular version, which is the third amended version of the ordinance, classifies Class 1 renewable energy sources as eligible for mandatory exemptions if applied for and is no longer a local option. In addition, the previous versions of the enabling statutes and ordinance had a sunset date of October 1, 2006 by which applications had to be filed. This was eliminated. There is also a typo in Sections 1.4 and 1.5 where the date should be reflected as 1977.
ORDINANCE AMENDING ORDINANCE ESTABLISHING SCHEDULE OF FEES FOR CONSERVATION, PLANNING AND ZONING COMMISSIONS Attorney O’Connell noted that this concerns an updating of the fees for the Zoning Commission. There was some housekeeping performed, such as Section 1 and 2 the name of the Commission changed from the Conservation Commission to the Inland Wetlands Agency. He added that Section 3 pertains to the changed fees for the Zoning Commission.
Mr. Formica asked for comments from the public on the solar ordinance.
There was no comment.
Mr. Formica asked for comments from the public on the Zoning Fee ordinance.
There was no comment.
MOTION (1) Mr. McKirdy moved to close the public hearing at 8:28 p.m.
Seconded by Mr. Wilson. Motion passed 4-0.
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EAST LYME BOARD OF SELECTMEN MINUTES
PRESENT: Paul Formica, Andrew McKirdy, Pam Rowe, Rob Wilson.
EXCUSED: Rose Ann Hardy, John Hogan.
Mr. Formica called the meeting to order at 8:30 p.m. and led the Pledge.
1b. Additional Agenda and Consent Calendar Items There were none.
1c. Delegations Nancy Kalal of 80 Grassy Hill Road passed out several other ordinances regarding the right to farm and requested that the Board review them.
Barbara Johnston of 35 Seacrest Avenue inquired about the boat that had transom damage and inquired which boat was it and was there insurance? She inquired why the Pattagansett Boat Launch lease had not been renewed?
Mike Shultz of Lovers Lane thanked the Selectmen for the referendum. He added that Connecticut has the highest taxes in the nation and the highest bonded debt. He suggested people go on the website www.ctact.org which gives the public an opportunity to voice concerns with laws and they do not need to be a legislator.
Joe Mingo of Boston Post Road suggested that the new Conservation Commission be the ones charged with the right to farm and the tree ordinance he is interested in.
Bob Gadbois of 358 Boston Post Road complained about the Executive Session being placed in the middle of the meeting, which would cause the public to have to wait. He said that the Board of Education met last week and found an additional $600,000 right after cuts were made. He said that the Board of Education is running this town.
John Drabik of 18 Drabik Road said that the Board of Education has consistently made fools of all of us and he hopes that the Charter Revision Commission supports bifurcation. He added that we do not need a town initiative for the right to farm. He inquired who was hiring the high school principal, the Board of Education or the Superintendent of Schools?
1d1. Approval of Minutes, Special Meeting of May 21, 2008 MOTION (1) Ms. Rowe moved to approve the minutes of the Special Meeting of May 21, 2008 as submitted.
Seconded by Mr. Wilson. Motion passed 4-0.
1d2. Approval of Minutes, Regular Meeting of May 21, 2008 MOTION (2) Ms. Rowe moved to approve the minutes of the Regular Meeting of May 21, 2008 as submitted.
Seconded by Mr. Wilson. Motion passed 4-0.
1e. Consent Calendar MOTION (3) Mr. Wilson moved to approve the Consent Calendar in the amount of $1050.42 for the meeting of June 4, 2008.
Seconded by Ms. Rowe. Motion passed 4-0.
Mr. Formica noted that the Executive Session would be held until the end of the meeting.
2a. Discussion – High School Gym Floor Settlement Attorney O’Connell stated that this is a result of a rainstorm that occurred on a clear, bright, cloudless day last summer while the roof over the north gym was being repaired and replaced. It was being done pursuant to a construction contract being administered by the Town Building Committee. The settlement encompassed both a full and complete settlement of the construction contract claim by Silktown Roofing and the damage to the town asset in the form of the gym floor. The construction contract had a retainage held by the town of $132,000 pending the resolution of this matter. The Board of Education and the Town Building Committee are satisfied having received assurances from its engineers, that the construction contract has been satisfactorily completed and is accomplished properly and they will be releasing the $132,000 to Silktown Roofing upon approval of the settlement. The damage to the gym floor involved several factors. The floor was over 40 years old and any calculation of the damages would have to take into account that it is a depreciated floor. The construction contract specified that the contractor only open a sufficient portion of the roof that could be closed in one day and this is approximately what the opening was. In order to proceed, we would need attorney fees, a weather expert, and a floor and roofing expert, all with no guarantee that the town would win. It was recommended that the town settle its asset claim for payment by Silktown to the town of $80,000 which would be deposited into the General Fund for use by the town. A settlement document has been prepared and has been signed by the Chair of the Town Building Committee, but it needs to be signed by the First Selectman, after authorization of the Board of Selectmen. Silktown Roofing will then release the Town from any and all claims that it may have against the Town as a result of the retainage issue, and the Town releases Silktown upon the payment of the money for any and all claims regarding damage to the Town’s asset. The release does not pertain to any claims of the Town based on the contractor’s warrantees or guarantees as set forth in the construction contract. This settlement is a result of intense negotiations by the First Selectman. MOTION (4) Mr. McKirdy moved to authorize the First Selectman to sign a settlement agreement concerning the High School Gym Floor.
Seconded by Mr. Wilson.
Mr. Wilson said that he had been led to believe that since the floor contractor did not complete the entire floor (area underneath bleachers left intact) that this would compromise the warranty for the entire floor.
Attorney O’Connell stated he was not aware of any issues such as this.
Mr. Formica said he did not believe this was the case but that he would check on it.
It was confirmed that this would have no bearing on this settlement.
Motion passed 4-0.
2b. Discussion / Action – Public Hearing MOTION (5) Mr. McKirdy moved to approve the Amended and Restated Ordinance Authorizing Property Tax Exemptions for Solar Energy Systems as corrected
Seconded by Ms. Rowe. Motion passed 4-0.
MOTION (6) Mr. McKirdy moved to approve the Ordinance Amending Ordinance Establishing Schedule of Fees for Conservation, Planning and Zoning Commissions as submitted.
Seconded by Ms. Rowe. Motion passed 4-0.
2c. Special Appropriation $80,000 to Police Outside Overtime Mr. Formica commented that this is a line item balance where money is collected from vendors and we pay the police officers.
MOTION (7) Mss Rowe moved to appropriate $80,000 to account 7-01-25-225-100-712 (PT Extra Duty Police / Fire) for fiscal year ended June 30, 2008 from excess revenues received for these services due to the services requested were greater than the original fiscal year budget and send to the Board of Finance for approval.
Seconded by Mr. McKirdy. Motion passed 4-0.
2d. Appropriation $42,351 Town Aid Road
Finance Director Anna Johnson stated that this is a State grant and we budget on both the revenue and the expenditure side. In the current 07/08 year budget, for some reason, the revenue and the expenditure were not equally budgeted and this will remedy that.
MOTION (8) Mr. Wilson moved to appropriate $42,351 from undesignated fund balance to account 8-01-30-317-500-100 (Town Aid Road) to appropriate the full amount of the Town Aid Road grant to the expenditure account for fiscal year 07/08 and forward to the Board of Finance for their approval.
Seconded by Ms. Rowe. Motion passed 4-0.
2e. Transfer for Public Safety Labor Services Ms. Johnson stated that this transfer will take care of what we have expended to date, but there will be additional transfers.
Mr. Formica commented that he expected the spending on this account to subside in the very near future.
MOTION (9) Mr. McKirdy moved to transfer $16,102 from various accounts as follows: $5,000 from account 8-01-01-101-300-255 (Postage); $5,000 from account 8-01-01-104-100-212 (Building Official); $3,000 from account 8-01-01-104-100-311 (Admin Clerical / Building Dept.) and $3,102 from account 8-01-01-14-140-236 (Warden / Harbor Mgt) to the Public Safety Legal Services Account 8-01-01-14-140-236 due to greater than estimated legal costs in the Police Department related to several grievances and related investigations.
Seconded by Ms. Rowe. Motion passed 4-0.
Ms. Hardy entered the meeting at 9:00 p.m.
2f. Budget Transfers Ms. Johnson commented that these are typical year-end transfers and the background included illustrates each transfer and the reason.
MOTION (10) Mr. McKirdy moved to ratify departmental transfers in the amount of $143,862.48 processed for fiscal year end June 30, 2008 and to forward to the Board of Finance for approval.
Seconded by Ms. Rowe. Motion passed 5-0.
2g. Ordinance re: Tax Collector Retaining Payments in Excess if less than $5.00 Mr. Formica noted that at the last meeting, it was suggested that any overpayment be credited to the next tax year. He inquired if the Tax Collector would comment on this?
Tax Collector John McCullough deferred this question to the Finance Director Ms. Johnson.
Ms. Johnson stated that after review, auditors do not typically approve of such a process and that is why towns adopt such a policy for the smaller refunds that occur for whatever reason. She added that having a credit is just not a recommended practice. She said that the policy is for $5.00 and under.
Mr. McKirdy said that the reason for doing this was to make us more efficient. He added that the ordinance cites a section of the General Statues and he added he assumed that it is the statutes that authorize them to do this for $5.00 or less.
MOTION (11) Mr. McKirdy moved that the Board of Selectmen authorize the First Selectman to Call a Public Hearing on June 18, 2008 to take input on an Ordinance Authorizing the Tax Collector to Retain Payments in Excess of the Amount Due Provided Excess is less than $5.00.
Seconded by Mr. Wilson.
Attorney O’Connell responded that he should review the language before a public hearing is scheduled, i.e. Section 2b. He added that the Board of Finance has no power to approve or not approve of this but is merely for informational purposes.
Ms. Hardy inquired why in Section 2d, there is a filing in the Town Clerk’s office?
Mr. McKirdy amended his motion as follows: Move that the Board of Selectmen authorize the First Selectman to Call a Public Hearing on July 16, 2008 at 7:00 p.m.
There was discussion about calling a public hearing for this ordinance.
MOTION (12) Mr. McKirdy moved to table the motion sending this item to a Public Hearing.
Seconded by Ms. Rowe. Motion passed 5-0.
2h. Sign Call – Special Town Meeting 6/18/08
Move the following Call:
MOTION (13) Ms. Rowe moved the following Call:
TOWN OF EAST LYME NOTICE OF SPECIAL TOWN MEETING
Notice is hereby given of a Special Town Meeting to be held on Wednesday June 18, 2008 at 7:00 p.m. at the East Lyme Town Hall Upper Meeting Room to consider and take action on the following:
1. Appropriate $80,000 to account 7-01-25-225-100-712 (PT Extra Duty Police / Fire) for fiscal year ended June 30, 2008 from excess revenues received for these services due to the services requested were greater than the original fiscal year budget. 2. Appropriate $2500 of funds from the East Lyme Youth Services Inc 501c3 close out to the Miscellaneous Supplies Line Item 8-01-45-422-300-320 to partially subsidize programs for the Youth of East Lyme including the Youth Coffee House and YAM. 3. Appropriate $42,351 from undesignated fund balance to account 8-01-30-317-500-100 (Town Aid Roads) to appropriate full amount of Town Aid Road Grant to expenditure account.
Seconded by Mr. McKirdy. Motion passed 5-0.
2i. Appointment – Chief Building Official MOTION (14) Mr. McKirdy moved to appoint Joseph D. Smith of 73 Flanders Road, Niantic, CT to serve as Chief Building Official in the Town of East Lyme through 6/15/12.
Seconded by Mr. Wilson. Motion passed 5-0.
2j. Authorize First Selectman to Sign Lobsterfest Lease with Niantic Lions Mr. Formica commented that the big change this year was that only the Niantic Lions would be signing a lease with the Town and they would be in charge of the event.
MOTION (15) Mr. Wilson moved to authorize the First Selectman to sign a lease with the Niantic Lions for Lobsterfest for July 2008.
Seconded by Mr. McKirdy. Motion passed 5-0.
2k. Discussion – Proposed Combining of Water Assessment Board of Appeals with Board of Assessment Appeals Mr. Formica commented that the Water Assessment Board of Appeals meets once every ten years or so and it is difficult to keep people on there. He added that he had the thought that since we have a Board of Assessment Appeals concerned with land value disagreements who are duly elected, if the Board agreed, he would like to poll them to see if they would mind taking on these duties.
Mr. McKirdy stated this makes a lot of sense since presently; we only have two of five members at present. He added if we could do this, it would be much more efficient and suggested asking Town Counsel to see if this is feasible.
Mr. Formica said he wanted to poll the Board of Assessment Appeals members first.
The consensus of the Board was to move forward to contact the members.
2l. Discussion - Right to Farm Ordinance. Mr. Formica noted that the Board had received a great deal of additional information this evening from Ms. Kalal and inquired what was the Board’s pleasure?
Mr. Wilson suggested the Board take time to review the paperwork and bring this item back at a later meeting.
Mr. McKirdy commented that the North Stonington ordinance’s essence was that no agricultural or farming operation could be found to be a nuisance when in place for one year or more. He inquired if new zoning regulations do not permit the continuance of any nonconforming use existing at the time of these regulations and asked if farms were already protected?
Attorney O’Connell responded that everyone who is properly farming has the right to farm now. He said the North Stonington ordinance tries to define what would be a nuisance. Whether or not this would be binding on a court that would be asked to decide what is a nuisance or not is another question. He added you have a Zoning Commission and the Selectmen cannot override a zoning ordinance by an ordinance such as this; only the Zoning Commission can do this.
Ms. Hardy inquired if farmland could be set aside like we set aside open space with an easement that if that is designated as farmland it cannot be turned into development in the future?
Attorney O’Connell responded that he did not believe that the Town could do this without the consent of the owners.
Ms. Hardy requested that he review this and offer an interpretation of the pertinent clause in the North Stonington’s ordinance. She added that this ordinance had a much more conversational tone than our normal ordinances. She inquired if on site farm stands would be permitted without a separate zoning ordinance? She added a review or permit by the health department might also be necessary. She continued to question if we would need to address safe storage of chemicals, etc. She said that there is a state program available for towns to tap into for preservation of farmlands. She was not sure if anything was available to individuals but this should also be considered at the same time. She requested that it be placed on the next agenda.
2m. Clean Energy Resolution Mr. Formica commented that this was a requirement to becoming a clean energy community and by participating in this program, it would allow us to access grant funding.
Mr. McKirdy suggested the Resolution Declaring the Town of East Lyme a Clean Energy Community be identified as Exhibit 2m. MOTION (16) Mr. McKirdy moved Exhibit 2m., as follows: RESOLUTION DECLARING THE TOWN OF EAST LYME A CLEAN ENERGY COMMUNITY
WHEREAS, greenhouse gas emissions can be reduced in a cost-effective manner that enhances economic development by applying currently available energy efficiency technologies and renewable energy programs that save money, create jobs and strengthen local economies; and
WHEREAS, renewable energy resources – such as wind, solar and wastewater residuals are constantly replenishing themselves, and, if properly managed, will be available to serve our energy needs forever; and,
WHEREAS, the Town of East Lyme is committed to the reduction of greenhouse gas emissions both through energy and fuel efficiency measures and through renewable energy generation and purchases; and,
WHEREAS, the 20% by 2010 Campaign is a Connecticut not-for-profit initiative that has undertaken an effort to encourage community action in support of putting Connecticut’s customers on the path to having 20% of their energy supply come from clean, renewable energy sources by 2010; and
NOW, THEREFORE, BE IT RESOLVED, that the East Lyme Board of Selectmen recognizes and supports the goal of the 20% by 2010 Campaign; and,
BE IT FURTHER RESOLVED that the East Lyme Board of Selectmen will work with the Town’s departments, boards, and commissions to develop a strategy to meet the 20% by 2010; and,
BE IT FURTHER RESOLVED that the Town of East Lyme adopt the goal of making at least 20% of its energy purchases from renewable energy sources by the year 2010, and encourage the Town’s departments, boards and commissions to undertake further energy and fuel efficiency measures; and,
BE IT FURTHE RESOLVED that the East Lyme Board of Selectmen shall encourage all businesses, institutions and households within the Town of East Lyme to engage in energy and fuel efficiency measures and to adopt the goal of obtaining at least 20% of its energy purchases from renewable energy sources by the year 2010.
This resolution shall take effect upon its adoption. East Lyme Board of Selectmen
Seconded by Ms. Rowe. Motion passed 5-0.
3a. SCWA Appointment Mr. Formica commented that this was talked about the last two meetings. One party is to select one member and the other party is to select the other member. He added that earlier in the year Mr. Fraser had been appointed and it was confirmed that he is a very valuable member with excellent attendance. He asked Mr. Wilson and Ms. Hardy to consider appointing him as the second appointee because the Council of Governments is working very closely with SCWA in an effort to implement regional water solutions and they have asked that the CEO’s of the towns be appointed.
Ms. Hardy stated that Mr. Wilson and she are prepared to appoint David Murphy noting he has been on the Water and Sewer Commission for some time and would be very valuable to have him serve in this capacity. Considering the request that they would like the CEO of the town serve, we feel that one option would be for Mr. Fraser to relegate his seat for you or perhaps attend the meetings as Ms. Hogan did, even though you would not be a voting member.
Mr. Wilson said it seemed to him that someone who is a member on the Water and Sewer Commission should be appointed. In Mr. Formica’s absence, he could come back to the Commission and report back and the continuity that might be there for several years, where First Selectmen come and go. He added that Mr. Murphy was willing to make the commitment.
Mr. McKirdy stated that a copy of the statute had been provided and noted that just Ms. Hardy and Mr. Wilson make the appointment.
Mr. Formica stated he was disappointed in this decision noting that Mr. Murphy has been on the Water and Sewer Commission for a short time.
Mr. McKirdy noted he was just appointed in February.
Ms. Hardy interjected that he had served previously. She added he was asked to give up his seat.
Mr. McKirdy replied he was appointed last October and then he gave up his seat in December. He had previously served for two months.
Mr. Formica said that the Town is weakened by Mr. Fraser’s lack of involvement in the Town and COG wanted to increase implementation techniques and eliminate the discussion of trying to create water solutions regionally. To do that, the CEO’s have to get together and they have arranged that the meetings for this group are right after the COG meetings so that the CEO’s would be available. He added that although he disagreed with their opinion he would respect it. He commented he believed it was a political thing and was disappointed.
Ms. Hardy said that in the past it has been a republican and a democrat.
Mr. Formica replied that in his opinion, water has no political parties, we all drink it.
3b. Fuel and Energy Taskforce and Senior Tax Relief Study He added that he is getting ready to move forward on the Fuel and Energy Taskforce and has several people who are very interested in helping out. He commented that there is not as much interest in the Senior Tax Relief Study.
5a. Ex-officio Reports Mr. McKirdy suggested that in the interest of time, the members waive their reports for this evening.
6. Public Comment Mike Shultz inquired if there was a way to get the Board of Education meetings aired on Channel 22? They broadcast live, but there are never any reruns and added that they are 70% of our budget.
7. Selectmen’s Response Mr. Wilson addressed Ms. Johnston’s comments and said that the boat in question was the police boat that was being repaired. It was undergoing a transom renovation due to a crack being found and nothing to do with the Harbor Management boat.
Mr. Formica noted that the Executive Session scheduled in the middle of the meetings was to further reduce attorney fees. He again apologized for his tardiness this evening.
MOTION (16) Mr. McKirdy moved that the members of the Board of Selectmen together with Labor Counsel Eileen Duggan and Town Counsel Edward O’Connell go into executive session for the purpose of discussing strategy and / or negotiations with respect to collective bargaining regarding the police union. This action is taken without prejudice to the Board’s right to discuss such matters in a private meeting pursuant to CT General Statutes 1-200(2).
Seconded by Mr. Wilson. Motion passed 5-0.
MOTION (17) Mr. McKirdy moved to return to regular session with no action taken during Executive Session at 10:28 p.m.
Seconded by Ms. Rowe. Motion passed 5-0.
MOTION (18) Ms Rowe moved to adjourn the June 4, 2008 meeting of the East Lyme Board of Selectmen at 10:30 p.m.
Seconded by Mr. McKirdy. Motion passed 5-0.
Respectfully submitted,
Darlene C. Stevens, Recording Secretary
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EAST LYME BOARD OF SELECTMEN MINUTES
PRESENT: Paul Formica, Andrew McKirdy, Pam Rowe, Jack Hogan, Rose Ann Hardy, Rob Wilson.
ALSO PRESENT: Town Attorney Ed O’Connell, Finance Director Anna Johnson.
Mr. Formica called the meeting to order at 7:27 p.m. and led the Pledge.
1b. Additional Agenda & Consent Calendar Items MOTION (1) Mr. McKirdy moved to add Item 2h., Town Capital Improvement Plan (CIP) Project Designation to the June 18, 2008 Board of Selectmen agenda.
Seconded by Ms. Rowe. Motion passed 6-0.
1c. Delegations Ron Rando of 194 Boston Post Road commented about the Board of Education’s budget and how it was cut and then they found $600,000. He read that there had been a principal search for the High School and they interviewed 21 candidates and narrowed it down to two. The favored one dropped out and now they are going to open another search. He inquired how much this costs? He stressed that the Board of Education always complains they do not have enough money and then they “spit in our face”.
1d1. Approval of Minutes, Public Hearing of June 4, 2008 MOTION (2) Ms. Rowe moved to approve the minutes of the Public Hearing of June 4, 2008 as submitted.
Seconded by Mr. Wilson. Aye: Mr. Formica, Mr. McKirdy, Ms. Rowe, Mr. Hogan, Mr. Wilson. Nay: None. Abstain: Ms. Hardy. Motion passed 5-0-1.
1d2. Approval of Minutes, Regular Meeting of June 4, 2008 MOTION (3) Mr. Wilson moved to approve the minutes of the regular meeting of June 4, 2008 as submitted.
Seconded by Ms. Rowe. Aye: Mr. Formica, Mr. McKirdy, Ms. Rowe, Mr. Hogan, Mr. Wilson. Nay: None. Abstain: Ms. Hardy. Motion passed 5-0-1.
1e. Consent Calendar MOTION (4) Mr. Hogan moved to approve the Consent Calendar for the meeting of June 18, 2008 in the amount of $557.76.
Seconded by Mr. Wilson. Motion passed 6-0.
Presentation – Police Badge – Don Marr Mr. Formica introduced and welcomed our new Resident Trooper Sgt. Wilfred Blanchette and commented he came to us with 21 years of police experience. He said that Eric Kwasniewski had held Badge #1 as the most tenured officer on the force, but now that he was retired, it would pass to the next in line; Don Marr.
Mr. Eric Kwasniewski presented Badge #1 to Don Marr.
Mr. Formica also read a proclamation to outstanding police work which was presented to Detective Marr, Officer Ken Mellor and Officer Jean Cavanaugh and thanked them for all that they do.
2a. Appointment – Part time Constables Mr. Formica noted that part time constables are appointed twice a year for a six-month period and appointments are based on a recommendation from the Resident Trooper. MOTION (5) Mr. Wilson moved to appoint the following:
Linda Nott Matthew Roland Robert Cutillo 1275 Old Colchester Rd. 24 Indian Woods Road 7 Grand Street Oakdale, CT 06370 Niantic, CT 06357 Niantic, CT 06357
to serve as Part time Constables through December 31, 2008.
Seconded by Ms. Rowe. Motion passed 6-0.
2b. Appoint Commission of Natural Resources Members Mr. Formica commented that the Conservation Commission duties had been split with the regulatory tasks delegated to the Inland Wetlands Agency, which was comprised of the original Conservation Commission members. This new Commission would be responsible for advocating for the resources of our town. MOTION (6) Mr. McKirdy moved to appoint the following effective July 1, 2008:
Marvin Schutt of 29 N. Edgewood Road, Niantic, CT to serve on the Commission of Natural Resources through January 2, 2012;
Art Carlson of 30 Dean Road, East Lyme, CT to serve on the Commission of Natural Resources through January 2, 2012;
Tom Kalal of 80 Grassy Hill Road, East Lyme, CT to serve on the Commission of Natural Resources through January 4, 2010;
Mark Christiansen of 66 Grassy Hill Road, East Lyme, CT to serve on the Commission of Natural Resources through January 4, 2010;
Ruth Reluga of10 Bronson Street, Niantic, CT to serve on the Commission of Natural Resources through January 2, 2012.
Ronald C. Nichols of 32 Bush Hill Road, Niantic, CT to serve as an Alternate through January 2, 2012.
Joe Mingo of 397 Boston Post Road, East Lyme, CT to serve as an Alternate on the Conservation Commission through January 4, 2010.
Seconded by Mr. Wilson. Motion passed 6-0.
2c. Road Acceptance – Orchards Phase I – Plum Hill and Hickory Court Town Attorney reviewed the proposed resolution for road acceptance in the Orchards subdivision. MOTION (7) Mr. McKirdy moved the following resolution: WHEREAS, on May 19, 1999, the East Lyme Planning Commission granted Conditional Approval of a subdivision plan for the Orchards at East Lyme located on Boston Post Road and Scott Road. WHEREAS, the subdivision was approved to be constructed in several phases. WHEREAS, on July 20, 2004, the East Lyme Planning Commission granted Final Approval of Phase I of the subdivision consisting of 28 lots (Lots 1-28). WHEREAS, said approval included construction of the following public improvements: 2350 lf public road & appurtenances to be known as Plum Hill Road valued at approx. $700,000 600 lf public road & appurtenances to be know as Hickory Court valued at approx. $180,000 Boston Post Road sewer extension valued at approx. $1.6 million WHEREAS, the East Lyme Planning Commission at its meeting on March 3, 2008 recommended acceptance of the public improvements based upon the certification by the Town Engineer and the Director of Planning that the road and appurtenances have been constructed in accord with the approved plans. WHEREAS, the Boston Post Road Sewer Extension has been accepted on behalf of the Town by the Water and Sewer Commission. BE IT THEREFORE RESOLVED that the Board of Selectmen hereby accepts Plum Hill Road and Hickory Court as a Town Road upon conveyance of said land and appurtenances together with all necessary easements to the Town of East Lyme.
Seconded by Mr. Hogan. Motion passed 6-0.
2d. Discussion – Ordinance Authorizing Tax Collector to Retain Payments in Excess of the amount due provided the Excess is less than $5.00 Attorney O’Connell reviewed his draft ordinance.
Mr. McKirdy commented that it was extremely clean and streamlined and suggested it be sent to public hearing.
MOTION (8) Mr. McKirdy moved to authorize the First Selectman to Call a Public Hearing at the East Lyme Town Hall at 7:00 p.m. on July 16, 2008 to hear input from the public on the following ordinance.
ORDINANCE AUTHORIZING TAX COLLECTOR TO RETAIN PAYMENTS IN EXCESS OF THE AMOUNT DUE PROVIDED THE EXCESS IS LESS THAN $5.00 Pursuant to the provisions of the General Statutes Section 12-129, the tax collector is hereby authorized to retain payments of taxes in excess of the amount due, provided the amount of each such excess payment is less than $5.00.
Seconded by Mr. Wilson. Motion passed 6-0.
2e. Establish a Special Revenue Fund for the purpose of Grants, Gifts, Donations and Asset Forfeiture Accounting
Mr. Formica reviewed the proposed Special Revenue Fund for the Purpose of Grants, Gifts, Donations and Asset Forfeiture Accounting.
Ms. Hardy stated that we have a procedure in place and an example would be the Nicholas Parahus Account and she inquired why this would be needed.
Mr. Formica responded that an account might not be needed for every department. He added that if approved, both the Board of Selectmen and Board of Finance would approve the expenditure.
Mr. McKirdy commented that by setting up a fund such as this, donations and grant monies would not be run through the General Fund.
Attorney O’Connell stated that he would like time to review the Charter. He added that previously, a similar proposal was given to a prior Charter Revision Commission and although they agreed and supported it, the voters did not. He added if given time to review, he could come up with a solution to answer the accounting aspects as well as the Charter.
Mr. Wilson encouraged the Board’s support if Attorney O’Connell could work out a draft since this was a good idea.
The consensus of the Board was that this item would be tabled until the next meeting.
2f. Accept Dominion Donation $25,000 – Law Enforcement Vehicle Mr. Formica commented that we had received a check from Dominion for the purchase of an Animal Control van.
Ms. Hardy inquired if the total cost of the van was covered by this donation?
Mr. Formica responded that there was approximately $8000 in additional costs.
Ms. Hardy requested that the First Selectman write a letter to Dominion thanking them for their very generous donation.
MOTION (9) Mr. McKirdy moved to appropriate the $25,000 grant from Dominion - Millstone Power Station to purchase a vehicle for the Animal Control Officer (Law Enforcement) to CNRE Fund 32 to an account to be established titled, "Animal Control (ACO) Vehicle and send to the Board of Finance for their approval and contingent upon their approval, authorize the First Selectman to set a Special Town Meeting (Note: Town Meeting will be necessary)
Seconded by Mr. Hogan. Motion passed 6-0.
2g. Approval – Use of $200.00 from N. Parahus Account for seat cushions MOTION (10) Mr. Wilson moved to approve the use of $200.00 from the Nicholas Parahus account for the purchase of seat cushions for the foyer of the Senior Center.
Seconded by Mr. Hogan. Motion passed 6-0.
2h. Town Capital improvement Plan (CIP) Project Designation Mr. Formica reviewed Mr. Giannattasio’s memorandum dated June 18, 2008 about the leaks in Niantic Fire Station #2 and also at Station #1 and the need for mitigation in a timely manner. He wrote that the funds for the roof repairs was in the CIP for FY09/10 and suggested re-allocating the $30,000 in the FY08/09 for Community Center parking lot lights for the fire station roofs.
Ms. Hardy inquired if both roofs would be entirely replaced?
Mr. Formica responded that he would have to check, but he believed the repairs would be part replacement, part repair.
Ms. Hardy inquired if the Town Building Committee would be overseeing these projects and would they be going out to bid?
Mr. Formica commented that he would report back after he talked to Mr. Giannattasio and Mr. Burkhardt and let the Board know how it would be handled.
MOTION (11) Mr. Hogan moved to authorize the $30,000 in the adopted 2008/09 budget line item 9-01-70-724-700-403 (Town - CIP) allocated for Parking Lot Lights at the Community Center be re-allocated to use for roof repairs/replacements at Niantic Fire Station #2 and Station #1, and forward to the Board of Finance for their approval. These projects are both consistent with the Town of East Lyme Capital Improvement Plan. This request is in the best interest of the Town of East Lyme.
Seconded by Mr. Wilson. Motion passed 6-0.
3a. Right to Farm Ordinance Attorney O’Connell was present and read his memorandum of June 12, 2008 regarding a proposed Right to Farm Ordinance into the record (identified as Attachment A).
Mr. McKirdy said that the objective sought by the proposal is already in place under state law and it appears that any ordinance saying the same thing would be redundant. He added he saw no need to pursue this any further.
Ms. Hardy stated that she had requested the First Selectman’s office contact CCM in an effort to get other ordinances about the right to farm throughout the state. She requested that this item be kept on the agenda for one more meeting until the material was received.
5a. Ex-Officio Ms. Rowe noted that the Board of Education met at the Flanders School and identified the actual $700,000 in cuts that would be made. She added that the public could review the reductions on the Board of Education’s website. She said that the Youth Services Association had changed their meeting schedule to the third Tuesday of the month starting in August and people should view their activities on their website www.elysa.org.
Mr. Wilson stated that Parks and Recreation will be in full swing as of this weekend and the day program will start on June 30th.
Mr. Hogan commented he had been in the hospital and unable to attend any meetings.
Ms. Hardy noted that the Zoning Commission had a lengthy public hearing, which was continued to tomorrow evening. She added that they had a full schedule with a lot of applications pending.
Mr. McKirdy noted that the Town Building Committee does not meet until tomorrow evening.
5b. First Selectman’s Report Mr. Formica noted that the Council of Governments had met at the State Capitol on June 11th for their special session regarding the conveyance tax, which is a big revenue generator for the towns. He added that the legislators finally realized that without property tax reform, they would not be able to sunset this item. He added that the conveyance tax would be continued as is, for at least the next two years. He said he attended Career Day at the Middle School and two other events honoring our students; the Chamber Annual Breakfast and the Rotary Student of the Month. He went to the Planning meetings of June 3 and June 17 and noted that we were in the process of searching for a new Planner. He commented that we have advertised and received 7 applicants. He had a meeting with UCONN consultant Pete Menuti who might be hired to assist with the Plan of Development. He said he offered opening remarks at a seminar for Parks and Recreation professionals at the Community Center and Celebrate East Lyme is meeting every week. The event will take place on July 19th from 3:00 p.m. – 9:00 p.m. He added that there would be a sand castle contest from 9:00 a.m. – 11:00 a.m. and a presentation of a plaque in honor of Frank Egan affectionately known as “the Guardian of McCooks”. He said the East Lyme Business Association was proposing to host a farmers market in the Flanders area and had requested to utilize the front green at the Board of Education building. They had been refused so they were still looking for a spot. He noted that the Economic Development Commission met and the link for Discover East Lyme was on our website. The Board of Finance had established a policy subcommittee to fine-tune our financial policies and there had been a bid procedure for the auditor completed, with four proposals received. He added that there had been an Executive Session where he had apprised the Board of the legal fees. He attended a party for Meg Parulis and she was now at work in Westbrook. He added that he continues to meet with area officials on regional water and he is in the process of reviewing our insurance coverage and carriers. He took part in a conference call with Moody’s to discuss the state of the town and the upcoming bond sale. He was the starter at a 10K race benefiting Alliance for Living at McCook’s.
Ms. Hardy inquired where the Planning Director ad was published and how many hours was it listed for?
Mr. Formica responded that it was published on a Planning Organization website which is CCAPA and published through UCONN’s Planning List Services and on the Town Website and no hours were listed within the ad although the budget reflects 30 hours.
Ms. Hardy inquired who would be available to advise the Planning Commission until the position was filled?
Mr. Formica responded that Zoning Official Bill Mulholland is acting as staff liaison regarding land use questions. He added that he had spoken to Jim Butler at COG and he has agreed to provide technical services for us (Mr. Butler was a previous Town of East Lyme Planner).
Ms. Hardy inquired if Mr. Menuti from UCONN would be hired?
Mr. Formica responded that presently, there is $18,000 in the budget and he would be bringing a team of his master students to assist with the Plan of Development.
Ms. Hardy stated that Mr. Formica had formally stated that he had plans for the land use department and inquired what they were.
Mr. Formica responded that he planned to continue to review the operations of the departments, their interactions and to see if changes needed to be made.
Ms. Hardy inquired if Mr. Hogan as Ex-Officio to Planning would sit on the interview committee?
Mr. Formica responded that he had asked Mr. Hogan and Chair of Planning Lisa Picarazzi to sit on the interview committee.
Ms. Hardy requested an update on the police department since they were down 4 officers.
Mr. Formica responded that we have two new officers in the academy, one hired who just started working on the road, and we were one officer down.
Ms. Hardy inquired if they were able to keep up with the planned boat, foot and bike patrols?
Mr. Formica said that he was in talks with Chief Pendleton of Waterford about creating an interlocal agreement to share the duties of the boat patrol. He commented that they would be bringing outside officers in to town “pro bono” to assist during Celebrate East Lyme. He also noted he was looking for grants for segways to be used to patrol the Boardwalk and downtown.
6. Public Comment Mike Shultz of Lovers Lane said it had been reported during the budget that insurance was going to have a 15-20% increase. He inquired what could be done about it?
Nancy Kalal of Grassy Hill Road thanked the Board for noting that the Right to Farm Ordinance was more than just the right to farm but also a method of preserving land.
7. Selectmen’s Response Mr. Formica commented that as of now, the present insurance coverage cost would increase by 14-18%. He added that a suggestion was to provide an HAS high deductible plan to employees and the increase in cost would be cut in half.
Ms. Hardy asked about the Anthem stock and inquired if it had been sold and for how much?
Mr. Formica responded he did not know the exact number and would report back to the Board, but the funds would be used to offset health care costs.
Ms. Hardy requested a presentation by the East Lyme Land Trust with an update on recently acquired property. She also requested an Executive Session to continue the Board’s briefing on litigation. She suggested 6:00 p.m. on July 16, 2008.
Mr. Wilson suggested contacting the attorneys and see what their schedules would permit and then schedule an Executive Session.
Mr. Formica commented that the week of July 7th he would be taking a short vacation and Deputy First Selectman Andrew McKirdy would be filling in.
MOTION (12) Ms. Rowe moved to adjourn the June 18, 2008 meeting of the East Lyme Board of Selectmen at 8:56 p.m.
Seconded by Mr. Wilson. Motion passed 6-0.
Respectfully submitted, Darlene C. Stevens, Recording Secretary
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