MEETING OF OCTOBER 1, 2008

EAST LYME BOARD OF SELECTMEN

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

John Hogan

Members Excused:

Rob Wilson

1.         a         Pledge Allegiance to the Flag

Paul Formica led the Pledge of Allegiance.

b.            Additional Agenda & Consent Calendar Items

Motion (1)      Pamela Rowe moved to add Item 2d1. Resolution regarding the $50,000 Housing for Economic Growth – Technical Assistance Grant to the October 1, 2008 Board of Selectmen agenda.

Seconded by John Hogan.

Motion passed 5-0.

c.            Delegations

John Drabik, 18 Drabik Road asked for reductions in services by the town.  The Main Street Program has received roughly 1 million dollars and all he sees are 5 streetlights and some flowers that are not worth a million dollars.  They should give their grant money back to the State.  They have been working for 6 years and there is nothing from it.

Ron Rando, Boston Post Road stated that all departments should be tightening their belts including the sacred cow at the other end of town.  There is going to be a change during the next revaluation and we better start looking at it right now.  There is a small business in town that wanted a drive thru and the owner had to jump through hoops to get it.  It cost the small business owner $60,000 so far.  That is a shame.  Dodge Pond is polluted and we should be forcing the Navy to clean it up. 

d.            Approval of Minutes, Regular Meeting of September 17, 2008

Motion (2)      Robert Kleinhans moved to approve the minutes of the regular meeting of September 17, 2008 as submitted.

Seconded by Pamela Rowe.

Rose Ann Hardy stated she was not at the meeting but there seems to be something missing from Page 6 in the 3^rd paragraph, and she asked if anyone had any recollection of what was said by Mr. Wilson. 

Paul Formica stated Page 2 the 1^st Paragraph under Item 2 should state, “part of the credit rests with Sergeant Blanchette.”

Page 4 top paragraph should state, “The Water and Sewer Commission is working on a conservation plan for year round to change people’s habits.”

Page 4 1^st paragraph under Item 2c should state “There will be a control at the fire department sub-station and the town is working with the Lyme Tavern to modify their parking lot entrance.”

John Hogan stated we could approve the minutes with the exception of the 1^st point. 

Rose Ann Hardy stated it is just a minor point.

Motion (3)      Pamela Rowe moved to approve the minutes of the regular meeting of September 17, 2008 as amended. Seconded by Robert Kleinhans.

Motion Passed 5-0.

                  e.             Consent Calendar

Motion (4)      Robert Kleinhans moved to approve the Consent Calendar for the meeting of October 1, 2008 in the amount of $2,531.04.

Seconded by Pamela Rowe.

Motion Passed 5-0.

Paul Formica stated he would like the discussion of the Niantic Bay Half Marathon moved up to the first item under New Business (2).

Presentation – Chair Kevin Seery – Board of Education Update

Mr. Seery stated this year is going really well.  The bus stops were consolidated and there have been a number of complaints about those, and with one or two exceptions they have all been resolved.  Mr. Smotas established a hotline, and they believe these consolidated stops will still result in savings to the district of 8-10 thousand dollars.  They have a used bus contract and that contract states the buses cannot be over 8 years old.  If they were to have a new bus contract it would cost almost $300,00 per year more.  At the beginning of the year there were several breakdowns.  Two of the buses broke down on the highway with sports teams and cheerleaders on board.  They recently were notified that over half of the fleet is over 10 years old, which is not in compliance with their contract.  The bus company has until October 17^th to be in compliance with the contract.  The student supplies issue was made public recently and staff is looking through to see what we can and cannot change.  That will have an estimated impact of $100,000.00 on their budget.  Several parents have offered for the school system to keep their checks and are not asking for reimbursement.  They will be installing a new playground at Flanders School in a different area than the present one.  DEP is going to be looking into the soil at the present playground.  They have altered the Middle School program to incorporate Special Education children into the Kivas.  That should decrease the cost of the special education.  The district has pre-bought 190,000 gallons of oil and that was in their budget.  Pat Phillips is retiring after 37 years with the district and they wish her the best.  There will be a get together for her on October 30^th at the Flanders Fish Market.  Steve Buck is also retiring at the end of December.  The Flanders School principal is out on a leave of absence for personal reasons.  Dr. McLoughlin is back for as long as we need her.  On October 14^th the High School will be putting on a program about substance abuse.  Mr. Barnes the Director of Security has arranged that program.  The High School Band has been selected to participate in the Veterans Day Parade in New York City on Veterans Day.  The Board is very proud of them and the parents and staff that assist them.  With the $100,000 problem with supplies, and the personnel who are on leave of absence they do not anticipate having to ask the Board of Selectmen for any assistance.

Rose Ann Hardy stated that a large number of parents in the Sea Spray Condominiums came to the meeting on the bus stops.  She would like him to explain the law regarding bus travel on private roads and the grades of certain roads.

Mr. Seery stated they have restored those stops, and that the grade on that road was comparable to other roads.

Rose Ann Hardy asked if that is a private road.

Mr. Seery stated that is a town road until the driveways that go to the condominiums.

Rose Ann Hardy stated her recollection is that they are a private association and that the town did not approve those roads.

Mr. Seery stated buses do not go down roads that are not approved roads.

Rose Ann Hardy stated the bus company has been in violation of the contract for a month and a half.  Is there a penalty for that?

Mr. Seery stated yes, and they are in discussions with the superintendent about that.

Rose Ann Hardy stated it is too bad school is in session on Veterans Day and they won’t be able to go to the parade.

John Hogan asked about the money for the playground.

Mr. Seery stated the money will come from the PTA and certain revenue accounts.  It will cost approximately $55,000 to replace that, and that is not in the Board of Education budget. 

Pamela Rowe asked how much it will cost to remove the soil?

Mr. Seery stated that would come out of revenue accounts as well, but they are not sure since the DEP is involved now.  We could pave over it, but that will make problems in the future.

2.       New Business

h.     Discussion / Review – Niantic Bay Half Marathon

Paul Formica stated there were a number of calls from residents in the Giants Neck area who were upset over the closing of the road during this event.  It was a longer closure than they thought it would be.  In his opinion it was a great event.

John Bysiewicz stated there were 832 participants in this event, from 14 states and South Africa.  There were nearly 100 participants from East Lyme.  Nearly all of the volunteers were from East Lyme.  This race does go in and out of Giants Neck twice, and there is a bit of inconvenience for them.  Exit 72 is usually closed, but this was the first year it wasn’t.  Notices of the closures were handed out to the residents of Giants Neck and there were signs posted at the entrance and exit of Giants Neck.  They used alternating traffic by putting the runners on one side of the road, he discussed with the Chief of the Fire Department whether or not emergency personnel could get in and the Chief stated they could get in there quickly so there was no need to post an emergency vehicle in Giants Neck for the event.  There was also notice of the closure put on Channel 22, the Town website, and in The Day newspaper.

Paul Formica stated it worked well and he commended the police department.

Sergeant Blanchette stated he received many phone calls, which is what he would rather get instead of the yelling and screaming that was done toward the police officers that were on traffic detail.  That was very unnecessary.  Once the pace car went through we opened the alternating traffic.  We are dealing with the complaints, and he expected some people to be here tonight.  This was an inconvenience, but the marathon is there for the people to enjoy.

Mr. Bysiewicz stated they are working on next year’s marathon already, and they are looking at ways to make it better.

Paul Formica suggested the Town have a representative there when they start their meetings.

Mr. Bysiewicz stated some of the planning committee members live in Giants Neck.

John Hogan stated he lives in Giants Neck, and he stands by the demand for an emergency vehicle to be stationed farther down the road.  A couple minutes of delay for emergency vehicles could mean death to someone.  Time is of the essence.  He watched the whole race and he thought Sergeant Blanchette handled it tremendously.  He stated he would like to be part of their planning meetings.

Mr. Bysiewicz stated they would love to have people involved in the planning who are directly affected by the event.

John Hogan stated he likes the concept and he likes having the marathon.  His son in law ran in it.

a.             Update from CCM – Sr. Tax Abatements Eff. 10/1/08

Paul Formica stated he received a letter from Attorney O’Connell stating this law had passed and it was effective October 1, 2008.  He had requested information from CCM on this.  He did get a response from them that the legislation was not placed into law.

b.            Appropriation and Resolution – Dept. of Social Services, Grant Funding – Comm. On Aging

Paul Formica stated Kathy Wilson brought this to him.  This grant will enable them to purchase a gaming system, and will help with in home assessments to determine individual’s eligibility for benefits.

Motion (5)      Robert Kleinhans moved the following resolution:

 “Resolved, that Paul M. Formica, First Selectman of the Town of East Lyme is hereby authorized to make, execute and approve on behalf of this corporation, any and all contracts and amendments and to execute and approve on behalf of this company, other instruments, a part or incident to such contracts and amendments effective until otherwise ordered by the governing body.”

Seconded by Rose Ann Hardy.

Motion passed 5-0.

Motion (6)      Robert Kleinhans moved to appropriate $1700 to an account entitled “State Grants Payroll” and $3750 to an account to be established entitled “State Grants Materials” and to forward to the Board of Finance for approval.

Seconded by John Hogan.

Motion passed 5-0.

Rose Ann Hardy asked if that was the end of that or will it have to go to a Town Meeting.

Paul Formica stated the value is below what would have to go to a Town Meeting.

c.      Re-Appointment – SE CT Tourism Representative

Motion (7)      Pamela Rowe moved to reappoint Pierce F. Connair of 3 Winchester Court South, East Lyme, CT 06333 to serve as the Southeastern CT Tourism Representative through October 4, 2010.

Seconded by John Hogan.

Motion passed 5-0.

d.      Appropriate $50,000 Housing for Econ. Growth – Technical Assistance Grant

Paul Formica stated this $50,000.00 would enable the Town to undertake a study to detect the best possible areas and ways to implement more workforce or affordable housing in our community.  We did qualify and receive this grant.  We will have to have a Town Meeting and in the interim we will forward it to the Board of Finance for their approval.

Motion (8)      John Hogan moved to approve the appropriation of the $50,000 Housing for Economic Growth – Technical Assistance Grant and forward it to the Board of Finance for their approval.

Seconded by Pamela Rowe.

Rose Ann Hardy stated they were previously assured that we would have to commit to any town expense and this was only to identify potential zones.  She will vote for this but she feels the affordable housing law is flawed, because she feels many houses in town fall in the range of affordable housing, but don’t get counted toward the inventory. 

Paul Formica stated we could incorporate that into the study with the consultant.  If it reduces the requirements of affordable housing we may be able to kill 2 birds with one stone.

Motion Passed 5-0.

2d1.    Resolution regarding the $50,000 Housing for Economic Growth – Technical Assistance Grant to the October 1, 2008 Board of Selectmen agenda.

Motion (9)      John Hogan moved the following resolution:

RESOLVED: That the Town of East Lyme hereby adopts as its policy to support the nondiscrimination agreements and warranties required under Connecticut General Statutes § 4a-60(a)(1) and § 4a-60a(a)(1), as amended in State of Connecticut Public Act 07-245 and sections 9(a)(1) and 10(a)(1) of Public Act 07-142.

Seconded by Robert Kleinhans.

Motion passed 5-0.

Motion (10)    Pamela Rowe moved the following resolution:

RESOLVED: That the Town of East Lyme previously approved the submittal of a grant application to the Office of Policy and Management and was awarded in the amount of  $50,000 for East Lyme Affordable Housing Program and that Paul M. Formica, First Selectman is authorized to sign the grant award.

Seconded by Robert Kleinhans.

Motion passed 5-0.

e.         Sign Call Special Town Meeting – 10/15/08

Motion (11)    Robert Kleinhans 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 October 15, 2008 at 7:15 p.m. at the East Lyme Town Hall Upper Meeting Room to consider and take action on the following:

1.      Special Appropriation of $50,000 - Technical Assistance Grant for Housing for Economic Growth awarded by CT OPM.

EAST LYME BOARD OF SELECTMEN

Seconded by Pamela Rowe.

Motion passed 5-0.

f.          Checking of the Indices

Motion (12)    Robert Kleinhans moved to appoint William J. Willetts Jr. of 216 Broad Street, New London, CT to examine the indices of the land records for the year 2008 in accordance with Section 7-14 of the Connecticut Statutes (fee is $2000).

Seconded by John Hogan.

Motion passed 5-0.

g.         EL Historic District Application – Thomas Lee House and Little Boston School House

 Paul Formica stated he had received information from Mr. Peck stating what they intend to do with the Historic property.  The town attorney has given us a timeline so we can follow along with their progress.  The study committee was appointed about 2 years ago.  We have reaffirmed who the members of the committee are.

Rose Ann Hardy stated they have done a tremendous amount of work; she did attend a couple of meetings.  This seems consistent with the formula we follow to appoint them as a new commission.

Paul Formica stated there is a timeline they have to follow until that happens.

Rose Ann Hardy stated it would give them more steam or prestige if they were formed as a commission now.

Paul Formica stated according to Mr. O’Connell’s letter once their work is done and once it has been approved by this Board they could be appointed as a commission.

Rose Ann Hardy stated she didn’t know we were bound by that.

3.       Unfinished Business

There was no Unfinished Business.

4.                 Communications

a.    SECOG – Regional Homeless Shelter in NL – Budget Request

Paul Formica stated at the last COG meeting it was unanimously approved by all members after a presentation by the homeless shelter in New London that each community would contribute $3,000.00 or as much as possible to the shelter.  They are looking for our support.  He asked for the Board’s opinion.

Rose Ann Hardy asked if they requested funding at budget time.

Paul Formica stated he would check on that.

Rose Ann Hardy stated there were a number of requests that we didn’t feel we could act on.  She asked how many East Lyme residents use the shelter.

Paul Formica stated he did not know.

Rose Ann Hardy stated this is not budgeted, so where would the money come from.

Paul Formica stated they could get it from the Contingency Fund.  We could ask them to come give us a presentation.

Rose Ann Hardy stated he would like to see how many East Lyme residents are there and if they get money from the United Way, since so many East Lyme employees give to the United Way.

John Hogan stated he has visited the shelter, and he would support this contribution.  It is a cheap price to pay given the current state of the economy, but he would like a short presentation.

Pamela Rowe stated we may want to be careful, we don’t want them to close the shelter to out of town residents.

Robert Kleinhans stated this is a regional crisis, and it is a reasonable amount.  It may make some people more comfortable to hear from them at the next meeting, but he is comfortable with the $3000.00.

Rose Ann Hardy stated if there is sufficient money in the Contingency Fund she would be comfortable with this.  It is a regional shelter.  We do have responsibility to our own people and our community at large to support the facility.

Paul Formica stated it would have to go to the Board of Finance it they have to transfer the money, and we do not have to do it tonight.

Robert Kleinhans stated we could see if they can come in and give us details.

John Hogan stated Rose Ann Hardy had a good point and he feels comfortable with that.

b.      Bayer Env. Science and Jordan Brook Lawn Care – to Benefit East Lyme Town Hall

Rose Ann Hardy suggested they submit this to CCM for their newsletter.

Paul Formica stated Bayer wants to do their own press releases, and he thanked Mr. Kalal for thinking of the town.

c.           Ground Breaking – Camp Rell – Niantic Readiness Center – 10/17

There was no discussion on this item.

5.       Information and Reports

a.                        Ex-Officio

Pamela Rowe stated Youth Services did not meet, and Kevin Seery gave the overview of the Board of Education.

John Hogan stated East Lyme Harbor Management/Shellfish is going to hold a Public Hearing regarding Mooring Permits on October 22.  The Planning Commission discussed the storm water management ordinance.  They do have questions for the Town Engineer at their next meeting.  They hope to have a Public Hearing later in October.

Rose Ann Hardy stated we should look into Mr. Mingo’s suggestion of paying for attendance at conferences and seminars if it is benefiting the town, and if there are no town employees attending them, and if people get pre-approval before attending the events.

She spoke to Sergeant Blanchette regarding the police cars at construction sites and whether or not they have radios.  He told her the officers have portable radios, but they are not quite the same.

She suggested this Board devote a portion of their meeting or even schedule a retreat to discuss long range planning, the goals of the Board, their 5 year plan, facilities plan, review of buildings, and any other subject they felt should be discussed.  She also requested an executive session prior to their next meeting so they can get an update on contract negotiation and legal matters.

Paul Formica stated the next Town Meeting has been scheduled for 7:15 so they can meet prior in Executive Session.

Robert Kleinhans stated he had no report.

b.                 First Selectman’s Report

Paul Formica stated all employees now have Identification cards, so we will start to see the employees wearing those.  Pearl Rathbun got a grant for the camera for that program. 

He attended a tabletop exercise in Colchester on Emergency Plans and how communities will work together in emergencies. 

The town insurance agent should have the building appraisal book finished in the next few weeks.  They will identify all buildings.

He attended a Board of Education meeting to discuss a joint study committee to discuss the facilities manager.  He mentioned to them that they may try to implement that into the next budget year.  The Board of Education will discuss that at their next meeting. 

He attended the dedication at the new AHEPA building and at Café Abrea. 

Water and Sewer met and had a Public Hearing to discuss the Pine Grove project, which is coming to a close.  The Orchards will be next. 

There is a temporary pump on 156, the permanent one had a malfunction, and the Water Department did a great job on getting that rented pump up and running. 

He attended a regional meeting of a possible Regional Emergency Center, which could help regional towns save money. 

There was a welcoming event at SECTOR and there was a tour.

There was a Route 11 Greenway and COG meeting on the regional GIS program.  Where towns can access all regional town’s GIS programs.  It will be very user friendly.

We have reached an agreement with a gentleman to be our planner.  He is giving his notice at his current job and will be beginning here on October 27^th.  He will have a .8 position and he will support Planning and other developments with the POCD.  He works out of state, but he is local resident, he is a very proficient writer with a lot of experience and Mr. Formica is looking forward to introducing him to this Board.

The Main Street program was not given one million dollars, which was previously stated at this meeting.  They town was awarded a $400,000 STEAP grant which we are using to renew the sidewalks at the 156/161intersection up to Methodist Street.  The Main Street Program is doing fundraising to raise $200,000 to provide for that project.  Another STEAP grant is pending and that would take the sidewalks to the Hole in the Wall.  He met with Ed Jutila yesterday and he is going to be checking on the status of that pending grant.

Bill Scheer did a great job on building the new storm water management facility at Hole in the Wall.  There were 22 acres of storm water that flowed into Long Island Sound and he designed the system to filter that. 

We are working with the Mitchells to redo their parking lot by the Care and Share building and to add more parking. 

He met with a representative of the Navy and we are awaiting a report on Dodge Pond. 

He is going to be having a department head meeting next week and he will be calling for budget reductions, and we can have a discussion on that at the next meeting.

6.       Public Comment

 Mike Schulz, Lovers Lane stated he had an altercation with a member of the Board of Education because he asked them to dig back and determine what programs are mandated by the State.  They were adamant they don’t know what programs are mandated.  If they don’t know what is mandated how do they know what they are teaching is sufficient.  He feels the Board of Finance and Board of Selectmen should have opportunity to review all of the employee contracts and the Board of Finance should be in on negotiations.

Ron Rando stated the grant money that is coming to us is not free.  It is taxpayer money.  That $50,000 is a waste of money and they should refuse it.  There are also plenty of people in East Lyme who could use that $3000.00 that they are considering giving to the homeless shelter.  The Navy polluted Dodge Pond and they should clean it up.  He thinks the Board of Selectmen should write letters to property owners on Flanders Road and tell them to clean up their property, or the Town will do it, and then charge them.  That road should be dressed up and those rocks across from Stop and Shop should be taken out.

Karen Rak, 27 Black Point Road, stated she feels that noncontracted individual employment agreements should be reviewed as well.

7.               Selectmen’s Response

Rose Ann Hardy apologized for not reading page 2 on the New London Homeless Center’s handout.  It is a good idea to have a representative come here, and she also hadn’t seen the timeline on the historic property handout prior to their discussion.

John Hogan stated there is an emergency access road out of Giants Neck Heights and comes out somewhere near Spinnaker.  It could be used just for special circumstances, it may need work to make it passable, but it may save a lot of headaches.  He himself hasn’t found that road, but he has been told it is there. 

Motion (13)    Robert Kleinhans moved to adjourn the October 1, 2008 meeting of the Board of Selectmen at 9:17 p.m.

Seconded by Pamela Rowe.

Motion passed 5-0.

Respectfully Submitted,

Karen Miller Galbo

Recording Secretary Pro-tem