MEETING OF SEPTEMBER 3, 2008

EAST LYME TOWN HALL - UPPER MEETING ROOM

7:30 P.M.

MEETING MINUTES

Members Present:

Paul Formica, First Selectman

Rose Ann Hardy

Pamela Rowe

Robert Kleinhans

Jack Hogan

Rob Wilson

Mr. Formica called the meeting to order at 7:30 p.m.

1.       A.       Pledge Allegiance to the Flag

Mr. Formica led the Pledge of Allegiance.

b.                 Additional Agenda & Consent Calendar Items

There were no additional Agenda and Consent Calendar items.

c.                         Delegations

Joe Mingo, Boston Post Road stated he had attended a media event in New London last night regarding hurricane preparedness.  Most of the major television stations in Connecticut and Rhode Island were there and there were approximately 15 to 20 members of the Red Cross there.  There was a presentation on the hurricane of 1938.  Seeing that destruction and with the latest hurricane headed our way we could be on the bad side.  The pictures were unbelievable.  In 1938 this area was mostly farms, but now it is mostly trees.  What happened in Louisiana could happen here.  He hopes everyone is aware and makes preparations and gets a disaster kit.

Mr. Formica stated Emergency Management is on top of it and has scheduled a meeting for tomorrow at 1:00.  He commended Pearl Rathbun on that.

Richard Waterman, 11 Lake Avenue Extension discussed the Plan of Development, Recreation, and Niantic Main Street and Grants (Attached as Exhibit A)

A member of the audience, who did not want to stand at the podium stated she was at the Lee House tag sale and a retired arborist was looking at the trees and stated to her that there is a 250 year old cypress on that property and it should be registered with the State.  She wondered if the trees on Main Street are historic.

Nancy Kalal, 80 Grassy Hill Road stated there is a State Ordinance that does not protect farmers and open space.  If it were worded correctly it would protect farmers.  Lebanon has agricultural zones.  She requested they hold a public hearing on this issue.

Alicia Gear, 86 Grassy Hill Road stated she agreed with Mrs. Kalal.  We should write our own contracts to protect ourselves; we can’t leave it up to others to do what we need here in East Lyme.  We need to be specific to protect our farms.

Kathy Christianson, Grassy Hill Road stated she has a small farm, and they are active in the 4H club.  The youth in this town are exposed to farm animals and are given an agricultural education.  Please bring this to a public hearing.

Tom Kalal, 80 Grassy Hill Road read a letter to the Board (Attached as Exhibit B)

Pauline Lord, 83 Upper Pattagansett Road stated her mother owns a farm and her and her husband have been running an organic business for 9 years.  She suggested they open this to a public hearing.

Nancy Kalal, 80 Grassy Hill Road read a letter into the record from Lizanne Farley of 45 Cardinal Road (Attached as Exhibit C)

d.       Approval of Minutes, Meeting of August 6, 2008

Motion (1):    Mr. Kleinhans moved to approve the Minutes of the Regular Meeting of the Board of Selectmen on August 6, 2008 as submitted.

Seconded by Jack Hogan.

Motion Passed 4-0-2.

Abstained:     Mr. Wilson and Ms. Hardy.

e.      Consent Calendar

Motion (2):    Ms. Rowe moved to approve the Consent Calendar in the amount of $3119.47 for the meeting of August 6, 2008.

Seconded by Mr. Wilson.

Motion Passed 6-0.

Presentation – Oswegatchie Hills Nature Preserve

Paul Whitehouse, 3 West Road made a presentation on the Oswegatchie Hills Nature Preserve. (Attached as Exhibit D)

Mr. Whitehouse stated the Town is working on a plan to repair the damn near Clark’s Falls.  They are working with Mike Giannatasio and the Town Engineers on a conceptual design for a footbridge, and they are excited about that.  A beaver has built a damn and with the blessing of the Conservation Officer they have consulted a beaver expert.  The Friends of Oswegatchie Hills have agreed to pay for a humane device that would allow the beaver to stay.  There are pipes that would be installed that run through the damn.  There is no danger to anyone, and it will be a nice attraction for the park.

Mr. Wilson asked whether that was similar to what they had to do in Mystic.

Mr. Whitehouse stated yes, and it is a very minimal expense of $700.00 - $800.00.  There is also an Eagle Scout that is developing a project for a new trail behind the softball field.  It would run away from the Pond on a ridgeline, and it will connect a loop in the trail.  That needs to be brought to the Board of Selectmen as part of the Management Agreement.  He also stated the entrances to the trails will be very much improved with the grant money they have received, and that should be happening very soon.  It will be easier to find the trails, and they will be installing a kiosk, which will be nice and done tastefully.

Ms. Hardy asked if most visitors park at Vets Field, and it there is enough parking there if there is an event going on at the Field.

Mr. Whitehouse stated most people park there and there have been no problems.  More and more people have been using Oswegatchie Hills Road.

Ms. Hardy asked if Oswegatchie Hills Road is too narrow for parking.

Mr. Whitehouse stated there are areas to pull over in and they can handle 2 or 3 cars, and there are several of those areas.

Ms. Hardy asked if they were going to be making improvements to the parking areas.

Mr. Whitehouse stated yes that the parking areas are rather narrow.

Ms. Hardy asked when they would be starting the work.

Mr. Whitehouse stated that is up to Park and Recreation and the Public Works Department.

Ms. Hardy asked if  they are waiting on the town side.

Mr. Whitehouse stated yes and they need activity before the first of the year to show the grant foundation that progress is being made by the middle of January.

Ms. Hardy stating she is wondering about the department’s ability to comply with that timeline.

Paul Formica stated he has made himself a note to discuss this with those departments.

Ms. Hardy asked if there are any trash containers.

Mr. Whitehouse stated their policy is to carry in and carry out.

Ms. Hardy asked if they have volunteers that go through and pick up trash as well.

Mr. Whitehouse stated yes.

Ms. Hardy asked about the people camping there.

Mr. Whitehouse stated they have left notes up there and they have had to remove a tent.  They have discussed this with the Police Department and they may have to take a harder line.

Jack Hogan stated they are doing a great job and they are very pleased with their efforts.

Paul Formica thanked the members and he encourages people to get up there and enjoy the area.

2.               New Business

a.             Approve Resolution to Execute a Memorandum of Understanding with CT Dept. of Emerg. Mgt. And Homeland Sec. For Grant Program

Paul Formica stated this is a housekeeping matter that they must do annually for the town to be available for Homeland Security Grants.  The State even provides the language for this Resolution.  Pearl Rathbun is here if anyone has any questions.

Motion (3):    Robert Kleinhans moved to approve the following resolution: “RESOLVE: That the East Lyme Board of Selectmen may enter into with and deliver to the State of Connecticut Department of Emergency Management and Homeland Security any and all documents which it deems to be necessary or appropriate; and

FURTHER RESOLVE:   That Paul M. Formica, First Selectman of the Town of East Lyme, is authorized and directed to execute and deliver any and all documents on behalf of the Town of East Lyme Board of Selectmen, and to do and perform all acts and things which he deems necessary or appropriate to carry out the terms of such documents, including, but not limited to, executing and delivering all agreements and documents contemplated by such documents.

Seconded by Mr. Wilson.

Mr. Wilson asked if this is all-inclusive.

Pearl Rathbun stated yes, that in the past they have had to do this for every grant, but this will cover all of them.

Motion Passed 6-0.

Pearl Rathbun stated they are watching Hurricane Hannah, and they have a storm preparedness meeting scheduled for tomorrow to go over their plans.

b.                 Discussion - Sr. Tax Abatements effective 10/1/2008

Paul Formica stated the State has been working on this item, and it will be effective October 1, 2008, and this will allow people 65 and over tax relief by volunteering their services to municipalities.

Ms. Hardy stated previous boards have discussed this and the town attorney has advised against it.  Are there any income qualifications?

Paul Formica stated he is not aware of any other than what is listed.

Ms. Hardy stated this is worthy of discussion.

Mr. Kleinhans stated it is nice to see the State pass this.  There have been problems with this in the past as far as social security contributions.  After further investigation he would like to see a proper ordinance.

Ms. Hardy stated they should check with CCM as they probably have sample ordinances.

Paul Formica stated that is a good idea to contact CCM to avoid legal fees.

Mr. Wilson stated there might be other opportunities that departments may have for volunteers.  We should have a discussion with department heads on that.

Paul Formica stated there is so much talent they could potentially tap into.  Also, we need to make sure we don’t impinge on any of the union contracts.

Ms. Rowe stated that is a good idea, and Mr. Wilson’s idea is good as well.

Jack Hogan stated the seniors have a lot of talents.

Ms. Hardy stated the taxes not paid would need to be made up by some.

Paul Formica stated there is no time schedule on this, this is just for discussion.

Jack Hogan stated someone will have to pick up the tab, but it is reasonable to look into.

Paul Formica stated he would keep this on the agenda for discussion at their next meeting.

c.             Appointments:

Historical Study Committee – Richard Waterman

Paul Formica asked that Mr. Waterman’s appointment be tabled to the next meeting.

Economic Development Commission – Charles Ambulos

Motion (4):    Mr. Kleinhans moved to appoint Charles Ambulos of 1 Blueberry Lane as a Regular Member of the Economic Development Commission through January 4, 2010.

Seconded by Rose Ann Hardy.

Ms. Hardy stated she did not receive Mr. Ambulos’ resume but his past service to the town is well known.

Jack Hogan stated he would like to welcome Mr. Ambulos back into the fold and thanked him.

Paul Formica stated his business acumen would be a benefit to the Commission.

Motion Passed 6-0.

3.               Unfinished Business

a.                  Right to Farm

Paul Formica stated they have discussed this at a few meetings prior.  The town attorney has stated that the State Statutes covered this and it is not necessary to create a new ordinance.  If they were to have a Public Hearing it would be to discuss any ordinance that was written.

Ms. Hardy handed out two packages of information to all of the members (attached as Exhibit E and Exhibit F), and stated the handouts would be available in the Town Clerk’s office for any members of the public who would like to review them.  She wanted the Board members to see what other towns have done with this ordinance, such as Woodstock and Guilford.  Guilford appointed and charged a Commission with developing the ordinance and the specifics of it.  CCM has others also. 

Paul Formica stated a Commission would make sense, and they may want to include the Commission for the Conservation of Natural Resources.  Mr. Kalal is on that Commission. 

Mr. Kleinhans stated maybe if it operated as a task force of the Conservation Commission they could bring in others without a larger commitment. 

Paul Formica asked Mr. Kalal to bring this information to the Commission for the Conservation of Natural Resources and see what their input is. 

Mr. Kleinhans stated this could be a crossover with the Master Plan of Development.

Ms. Hardy stated the sample ordinances also have references to zoning.

Mr. Wilson stated they could have someone from Planning and from Zoning, and also the Shellfish Commission.  There may be other opportunities out there for people who want to be involved.  It is well worth exploring.

Paul Formica thanked Ms. Hardy for her extensive research and he would like to keep this on the agenda for the next meeting.

4.               Communications

a.                  Library – Sunday Openings

Paul Formica stated he has included a letter from the Library (attached as Exhibit G) in their packets and the Library will now be open on Sundays from 1:00 p.m. to 4:00 p.m.

Ms. Hardy stated the library is trying to respond to the public by opening, but to do that they had to reduce their book budget.

Paul Formica stated yes, but they do have a foundation that helps them with their books.

b.                 Employee Health and Safety Day 9/12/2008

Paul Formica stated there would be an Employee Health and Safety Day on September 12, 2008 and he encouraged everyone to attend.

5.               Information and Reports

a.                  Ex-Officio

Jack Hogan stated there was no East Lyme Waterford Shellfish Commission meeting as there was no quorum, and they also have a vacancy.  There was a Planning Commission meeting last night, he passed on to them that they are still in negotiations for the new planner.  The town attorney is going to the next meeting to discuss the scenic road plan, which would then have to go to a Planning Commission public hearing.  The Town Engineers are preparing a storm water management draft to get to the Board of Selectmen as soon as possible.

Ms. Rowe stated there was no Youth Services meeting as there was no quorum.  At the Board of Education Dr. Sullivan has started and the teachers and the students have very well received him.  The search for a permanent principal is still underway.  The new bus routes are enabling the Board of Education to save $10,000, and anyone with concerns should call the Central Office.  They also discussed the academic calendar, which was set up in December of 2007.  East Lyme’s vacation doesn’t coincide with surrounding towns and that has created some turmoil for teachers in East Lyme and surrounding towns who have children attending other schools.  There has been some talk of having Youth Services open during those vacations to accommodate some students.

Mr. Wilson stated the Park and Recreation’s beach season was very successful.  They obtained a beach groomer, which was a great asset.  The fall sports are underway at Peretz Field, and youth football is in high gear.  They will be getting up to Oswegatchie Hills to coordinate those efforts with the Town.

Mr. Kleinhans stated the Town Building Committee met and they are wrapping up big projects.  They are a very impressive group of individuals.

b.                       First Selectman’s Report

Paul Formica stated Darlene has been on vacation, but he does have temporary coverage from 2:00 p.m. to 4:00 p.m., and the receptionist will be taking his phone messages. 

He has met with the DEP regarding our water issue.  The Maguire Group has come forward on pricing to begin regionalizing our water.  He has a meeting with the New London Mayor tomorrow to discuss hooking up.  The Council of Governments and the Southeastern Connecticut Water Authority are working together to begin implementation of this plan. 

There was a meeting of the Greenway Commission and it is their job to buy property and maintain it for the Greenway on which Route 11 would travel.  The Federal Government has required there be bike paths, which has caused some confusion.  Some people feel if the road doesn’t get built at least there will be a Greenway.  He met with the DOT and the Executive Director of the Council of Governments and Dan Stuart from Waterford to try to alleviate that confusion. 

There was a meeting with Niantic Main Street and the trees on Main Street were a big discussion.  They are the State’s trees, and we can trim them but we can’t remove them.  They are working on a treescape and a tree inventory was done.  They received a $400,000 STEAP Grant and Niantic Main Street is trying to supplement that with $200,000.  There was a question as to whether or not donors would be buying the trees or if it was a symbolic contribution.  Some people think the trees need to be removed and others think they need to stay.  The STEAP Grant would pay for the sidewalks to be replaced from the intersection of Main Street and 161 all the way to Methodist Street. 

He attended a tour at Gates Correctional Institution and it was very impressive.  They have worked with us very well as far as our water problem.  They have not been doing dishes on weekends.  It was a good tour with Mr. Jutila and it was the quarterly safety meeting with the wardens. 

There is a Board of Finance sub-committee to look into the income efficiency of the fiscal policy in town and they are looking at the fund balance.  They are looking into crystallizing policies that up until now have just been understandings.  He will get back to the Board of Selectmen on that. 

On Roxbury Road the State is going to be giving the town approximately 20 acres.  There have been some test wells dug and the first one hit ledge.  The wells would be a source of irrigation.  This land could be for sports fields, or maybe a potential dog park.

The are two union negotiations currently proceeding.  One is coming to fruition and one is just beginning. 

He attended a fundraiser for Dylan Pero and it was heartwarming to see the support for him. 

There was a Ledge Light intern program and there were three from East Lyme and they gave a report on what they did this summer. 

The dedication of Cini Park took place and it was a formal dedication, which had never been done before.  There were about 60 people there.  Mr. Cini was very instrumental in obtaining that land.

Commissioner McCarthy of the DEP came down to discuss the boardwalk, and the potential water crossing to Waterford and that was a good meeting.

They have finished the Planner interviews.  They looked at 8 candidates.  The interviewing committee was unanimous in recommending one candidate.  They are trying to work out an offer to that candidate.  There was another candidate who was a very close second.  That should be done quickly. 

They should meet their deadline for the Plan of Development with UCONN.

He attended Mr. McKirdy’s wedding and he wishes him well. 

He spoke with Joe Lieberman at the Chamber meeting and that was very insightful.

There are still some Federal cases proceeding and one is reaching a close.

Recently, he welcomed East Lyme’s teachers and they are a great group. The feeling was electric over there. 

The Fuel and Energy Committee met and they are discussing alternative forms of energy. 

The traffic light on 156 at Giants Neck Road has been approved.  It will be State owned and the town will have to pay 10%.

Ms. Hardy asked if rate users would pay for the regionalization of water?

Paul Formica stated that may happen but it is an Economic Development issue.  They are looking into different sources and hoping for grants.

Ms. Hardy asked if Mr. Jutila and Mrs. Stillman are involved in that?

Paul Formica stated no that was the Maguire Group.

Ms. Hardy stated we should get them involved when we get into State restrictions on the water issue.

Paul Formica stated those restrictions are from the DEP regarding stream height, and they are working on being even more restrictive.  He has spoken with them to look into that.

Joe Courtney will be at the Senior Center on Friday to discuss the stimulus checks.

Ms. Hardy asked if the town would pay the monthly operating costs of the traffic light?

Paul Formica stated he thinks we pay the electricity.

Mr. Wilson stated he believes the State pays the maintenance and we pay the electricity.

Jack Hogan asked when we should expect that to be up and running.

Paul Formica stated he was told it would be fast.  They are also working with the Lyme Tavern to adjust their parking lot and the Fire Department substation will also have an override on that light.  The State was very good this summer when we asked them to wait on paving Pennsylvania Avenue and Flanders Road because of our summer traffic.

Ms. Hardy asked if he could include a report in their packet from the Police on the number of boat hours this season and projected number to come, and also a report on the monthly statistics on the number of arrests.

Paul Formica stated he could email that information to her.

Ms. Hardy stated she would like to congratulate Park and Recreation on their recent brochure for their fall activities.  It was very impressive.

Paul Formica stated they did a great job in conjunction with the Norwich Bulletin.  Dave Putnam is a great leader and a very forward thinker.

6.       Public Comment

There was no Public Comment.

7.       Selectmen’s Response

There was no Selectmen’s response.

Motion (5):    Ms. Rowe moved to adjourn the September 3, 2008 meeting of the Board of Selectmen at 9:30 p.m.

Seconded by Mr. Kleinhans.

Motion Passed 6-0.

Respectfully Submitted,

Karen Miller Galbo

Recording Secretary Pro-Tem