REGULAR MEETING   Wednesday, NOVEMBER 5th, 2008

EAST LYME BOARD OF SELECTMEN

MINUTES

PRESENT:                    Paul Formica, First Selectman, Robert Kleinhans, Deputy First Selectman,

                                    Pam Rowe, Jack Hogan, Rose Ann Hardy

ALSO PRESENT:          Kyle Foley, Flanders Fire Chief                       

                                    Anna Johnson, Finance Director

                                    Pearl Rathbun, Emergency Management

EXCUSED:                    Rob Wilson

Chairman Formica called this Regular Meeting of the East Lyme Board of Selectmen to order at 8:05 PM after a previously scheduled Special Meeting.

1.a.  Pledge Allegiance to the Flag

The Pledge was observed.

1.b. Additional Agenda & Consent Calendar Items

By consensus, the Board members agreed to address the matter of a ‘Notice of Special Town Meeting’ after item 2.d. on the agenda.

1.c. Delegations

Mr. Formica called for Delegations.

Don Landers, 3 Beach Ave. said that on behalf of the Harbor Management Commission he was asking for the adoption of the $25 mooring fee that is on the agenda this evening. These funds will be used for increased enforcement for a safer harbor area.

John Drabik, 18 Drabik Road said that in reviewing the October 14, 2008 Economic Development Commission meeting minutes that he saw that they had a Niantic Main Street representative come to ask for money for the Holiday Stroll, noting that the casinos and other agencies were finding it difficult to make the donations that they once had and had cut back. They asked for $2000 and a motion was made to donate $500 for the event and that motion was eventually withdrawn. Mr. Rinoski made a motion to supply a horse and carriage at a cost of some $700. He said that if the casinos do not want to give money because times are tough, that he does not think that it is appropriate to give tax dollars to these events. Times are equally as tough for the taxpayers and this should not be given to this.

Barbara Johnston, 35 Sea Crest Ave. asked the Board, as Don Landers had done previously, to pass the ordinance on mooring fees that is on their agenda this evening. She thanked them in advance for their consideration of this matter. Additionally, she said that she is on the subcommittee set up by the Selectman for study on solar energy systems. She said that they have an ordinance on solar energy systems that was good until 2006 and that she would like to see them update it and have it go out until 2010 or longer so that others can become involved in the process.

Bob Gadbois, 358 Boston Post Road said that during the last two Board of Selectman meetings that he had brought it to their attention that there was a Water & Sewer Town truck parked in Mystic over a weekend. He asked that it be looked into as it is our tax dollars. He asked that they inform him of what and why the truck was over there as we do not have any water or sewer lines over there and we are paying the insurance liability on the truck. Second, he said that the stones across from the Stop & Shop are awful and that he had given them the letter that was sent to the developer and the developer has not done anything to correct it yet. The developers’ come into Town and do what they want and they are supposed to leave things better than they found them and this person did not leave this better than it was before.     

1.d. Approval of Minutes, Regular Meeting of October 15, 2008

Mr. Formica called for any discussion on the minutes.

Mr. Kleinhans said that on Page 1 where Mr. Drabik is speaking – in the second line that the ‘of’ should be changed to ‘or’ to read: ‘There were no lights or signs …’

**MOTION (1)

Ms. Rowe moved to approve the minutes of the East Lyme Board of Selectmen meeting for October 15, 2008 as amended.

Mr. Hogan seconded the motion.

Vote:  5 – 0 – 0.  Motion passed.

1.e. Consent Calendar

**MOTION (2)

Ms. Rowe moved to approve the Consent Calendar for the meeting of November 15, 2008 in the amount of $2453.58.

Mr. Hogan seconded the motion.

Vote:  5 – 0 – 0.  Motion passed.

Presentation: Catherine Zall – Executive Director of New London Homeless Hospitality Center

Mr. Formica said that he had recently toured Covenant Shelter and that they do a fine job. He noted that the COG has voted to fund this shelter and has asked that each Town give $3000 where possible. Ms. Zall, the Executive Director is here this evening to give a presentation on the Center and Mayor Cavanaugh of New London will also speak to them.

Catherine Zall, Executive Director – New London Homeless Hospitality Center said that this is a Not for Profit organization and that they now have a shelter at St. James Church which is open from 7 PM – 7 AM. It is meant for people to come in from the cold and to have a warm place to spend the night. They typically have some 50-60 people staying each night. They also have a place for people to come during the day to get warm which involves various activities. They have approximately 80 people coming through during the daytime hours. The evening program is meant to provide safety for people overnight as they have many people living outside in the woods or in their cars and they are trying to ascertain their needs and get them connected to services that will help them out of their situation. Slightly less than 50% of the people are from New London and the rest are from Groton, Waterford and East Lyme. The need for the funding relates to the reduction in State allocation to them, so they have gone to the surrounding Towns to secure 15% to fund their work. They feel that they have made progress in funding for those in need.

Mr. Formica noted how impressed he was with the organization and the cleanliness of the facility.

Ms. Hardy asked if they have to turn people away during the winter.

Ms. Zall said that they have never turned people away and that if they run out of beds, they offer people a chair to rest or sleep in.

Ms. Hardy asked if there was any limit to the length of stay.

Ms. Zall said no. She added that they do work with people who have trouble with alcoholism and substance abuse and try to connect them with treatment programs. They also have not turned anyone away.

Mr. Kleinhans asked about the daytime activities and if they try to assist people in finding jobs.

Ms. Zall said yes, they do try to find people jobs and they have also been trying to get some from probation and health facilities and they try to match people up with these programs.

Mr. Kleinhans asked if families were also accommodated here.

Ms. Zall said no, they do not take families however Covenant Shelter can take three (3) families.  Other than that, they are sent to Norwich or Mystic.

Mr. Hogan noted that regionalization is what they have been working towards and he congratulated Ms. Zall and Mayor Cavanagh on their efforts here.

Mayor Kevin Cavanagh of New London said that the economic situation locally and the sub-prime situation could mean that down the road the number of local people impacted by loss of jobs and homes will be larger. Ms. Zall was correct in saying that the State agencies and representatives are starting to step up and realize that it is an issue. He said that they are getting support from a lot of Towns – six Towns and two agencies have committed. He said that he wanted them to be aware that the money goes to the New London Hospitality Center.

Mr. Formica and the Board members thanked Ms. Zall and Mayor Cavanagh for the presentation and the fine work that they do. 

2.  NEW BUSINESS

2.a. Special Appropriation - $6310 for Nuclear Safety Equipment - Reimbursable

Mr. Formica noted that Pearl Rathbun, Emergency Mgmt. Director was present to answer any questions that they might have.

**MOTION (3)

Mr. Kleinhans moved to approve a special appropriation in the amount of $6310 for the replacement of a copier and fax machine, funding to be reimbursed by the State Department of Emergency Management and Homeland Security and forward to the Board of Finance for their approval.

Ms. Rowe seconded the motion.

Mr. Formica noted that this is 100% reimbursable.

Vote:  5 – 0 – 0.  Motion passed.

2.b. Special Appropriation - $1749 – EOC Equipment - Reimbursable

**MOTION (4)

Mr. Kleinhans moved to approve a special appropriation in the amount of $1749.00 for the purchase of a computer for the East Lyme Emergency Operations Center, funding reimbursed by the State Department of Emergency Management and Homeland Security and forward to the Board of Finance for their approval.

Ms. Rowe seconded the motion.

Ms. Hardy asked Ms. Rathbun if the computer, copier and fax machine will all end up in the same facility/office.

Ms. Rathbun said that essentially they will. The computer will be in the EOC as the State wants the EOC to have their own dedicated computer and the copier and fax will not only serve nuclear safety but their regular work.

Ms. Hardy asked if it would be networked.

Ms. Rathbun said no however it could be hooked up in that way.

Vote:  5 – 0 – 0.  Motion passed.

2.c. Special Appropriation - $6250 Youth Services – Reimbursed by Grant

**MOTION (5)

Mr. Kleinhans moved to approve a special appropriation in the amount of $6250.00 to Youth Services to implement High School after school wellness and leadership programs, funding reimbursed by a grant from the State Department of Education and forward to the Board of Finance for their approval.

Mr. Hogan seconded the motion.

Ms. Hardy asked if this money has been guaranteed and they are just waiting on approval here.

Melissa O’Brien, Youth Services Director said that they are just waiting on this approval to deposit the check as they already have it.

Vote:  5 – 0 – 0.  Motion passed.

2.d. Special Appropriation $570,246 – Purchase of Rescue Fire Truck for Flanders Fire Department

**MOTION (6)

Mr. Kleinhans moved to approve a special appropriation in the amount of $570,246 in CNRE Fund 32 to Flanders Fire Department for the purchase of a Heavy Rescue Fire Truck from Shipmen’s Fire Equipment Co., Inc. Source of funding will be $230,000 allocated in the Town Capital Nonrecurring Fund and the remainder ($340,246 ) from the East Lyme Ambulance Fund.

Ms. Rowe seconded the motion.

Mr. Formica said that they have the President of the Ambulance Association and the Flanders Fire Chief present to speak and answer any questions. He noted that the replacement of this truck has been on the capital list and that it would be replacing a 20 year old vehicle.

Mr. Kleinhans asked for a description of the apparatus.

Kyle Foley, Flanders Fire Chief said that the vehicle is a heavy rescue vehicle. It would replace a piece that is approximately 22 years old now and which runs constantly. The new vehicle will be able to carry more rescue equipment and more hazmat materials. It will be a custom piece of equipment. He said that they have already purchased one piece of equipment from Shipman’s Fire and having them located three miles away is very helpful when equipment has to go in for repair or general maintenance.

Mr. Kleinhans asked if it would be equipped with all lighting, etc.

Mr. Foley said yes. He added that it would have 35% expansion and would be built for the long haul.

Mr. Formica noted that the current rescue truck will be assigned less hazardous other duty.

Mr. Foley noted that there are a few people in the Town interested in the current vehicle.

Mr. Kleinhans asked if they have looked at long term leasing of an item like this; especially in today’s economy.

Mr. Foley said no and added that in talking with Shipman’s that the build time is 270 days and they do not have to pay until they actually look at and accept the item.

Mr. Kleinhans noted that he was interested in what the lease terms would be considering the economy.

Mr. Formica noted that they are not paying for the total amount of the truck and that the ambulance association is paying for the bulk of the cost. The Town is only paying what it has set aside which by itself would not allow them to purchase a vehicle.

Ms. Hardy said that she certainly recognizes the Shipman’s name however it is customary to get other bids for an item of this size and expense. She asked if they had other bids.

Mr. Foley said no. He added that they had Shipman’s give them the full demo on the truck and how it was built and there were no other manufacturer’s out there who came close to this type of vehicle and they were facing paying $48,000 more for the same.

Mr. Formica noted that they had a letter from Mr. Holyfield outlining this for them.

Ms. Hardy asked if it was because this is a specialized vehicle that they felt they could not find one that could match these specifications. She said that she felt that this is somewhat of a departure of past practice and that Shipman’s is a good quality company.

Mr. Formica explained that the Town is only putting out $230,000 and the rest is coming from the ambulance association and if there were any savings to be had, it would be the ambulance association who would benefit from them and not the Town.

Ms. Hardy asked Mr. Formica if there was any attempt to get State aid as this vehicle responds to many I-95 incidents.

Mr. Formica said that he would check on it as there were such reimbursements before however, they were done away with.

Vote:  5 – 0 – 0.  Motion passed.

¨          Special Town Meeting Call – Rescue Fire Truck

**MOTION (7)

Mr. Kleinhans moved to sign the following call for a Special Town Meeting to be held on November 19, 2008, contingent upon Board of Finance approval:

TOWN OF EAST LYME

NOTICE OF SPECIAL TOWN MEETING

            Notice is hereby given of a Special Town Meeting to be held on Wednesday November 19, 2008 at 7:15 p.m. at the East Lyme Town Hall Upper Meeting Room to consider and take action on the following:

1.       Based on consistency with the Capital Improvement Plan, a Special Appropriation of $570,246 in the CNRE Fund 32 for the purchase of a Heavy Rescue Fire Truck for Flanders Fire Department purchased from Shipman’s Fire Equipment Co. Inc. Source of funding as follows: $230,000 allocated in the Town Capital Nonrecurring Fund and the remainder ($340,246) funded by the East Lyme Ambulance Fund.

EAST LYME BOARD OF SELECTMEN

Ms. Hardy seconded the motion.

Ms. Hardy thanked the Ambulance Association for stepping up to the plate and donating the extra funds to get such a great piece of equipment for the Town.

Mr. Formica thanked and commended the fire and ambulance personnel for all the support that they provide to the community.

Vote:  5 – 0 – 0.  Motion passed.

2.e. Accept Resignation – John Melia – Town Building Committee

**MOTION (8)

Mr. Kleinhans moved to accept with regret the resignation of John Melia from the Town Building Committee and request that the First Selectman send a letter thanking him for his service.

Mr. Hogan seconded the motion.

Ms. Hardy thanked Mr. Melia for his long and dedicated service to the Town as a member of the Town Building Committee.

Mr. Kleinhans echoed Ms. Hardy’s words of gratitude and wished Mr. Melia well.

Vote:  5 – 0 – 0.  Motion passed.

2.f.  Approve Meeting Dates - 2009

Mr. Formica noted that they had a copy of this in their packets.

**MOTION (9)

Mr. Hogan moved to approve the 2009 meeting dates for the Board of Selectmen as submitted.

Ms. Rowe seconded the motion.

Vote was 5 – 0 – 0.  Motion passed.

2.g. Appointment – Bruce Foulke – Waterford / EL Shellfish

**MOTION (10)

Ms. Rowe moved to appoint Bruce Foulke of 20 Mohawk Drive, Niantic, CT to serve on the Waterford / East Lyme Shellfish Commission through January 2, 2012.

Mr. Hogan seconded the motion.

Vote:  5 – 0 – 0.  Motion passed.

2.h.  Discussion / Action – Adoption of Mooring Permit Fee - $25.00

**MOTION (11)

Mr. Kleinhans moved to adopt an annual mooring fee in the amount of $25.00 as established by the Harbor Management Commission effective January 1, 2009.

Mr. Hogan seconded the motion.

Ms. Hardy asked Mr. Landers how this fee compares with what Waterford charges.

Don Landers, Chairman of the Harbor Management Commission said that the $25 fee is the same as what Waterford charges. He added that they also feel that it is in line with what the neighbors to the other area are charging.

Vote:  5 – 0 – 0.  Motion passed.

2.i.  Discussion / Action Re: Implementation of Agreement between the Town of East Lyme and AFSCME Local 1303-229 Town of East Lyme Employees

**MOTION (12)

Mr. Kleinhans moved that the Board of Selectmen approve the funds necessary to implement the written agreement and the terms of the written agreement between the Town of East Lyme and Local 1303-229 of Council #4, AFSCME, AFL-CIO, which shall remain in effect for the period July 1, 2008 through June 30, 2012.

Ms. Rowe seconded the motion.

Mr. Formica noted that this was discussed in Executive Session with no action.

Vote:  5 – 0 – 0.  Motion passed.  

**MOTION (13)

Mr. Kleinhans moved to add item 3.a. Discussion / Action – Homeless Shelter in New London under Section 3. OLD BUSINESS.

Ms. Hardy seconded the motion.

Vote:  5 – 0 – 0.  Motion passed.

3.  OLD BUSINESS

3.a. Discussion / Action – Homeless Shelter in New London

**MOTION (14)

Mr. Hogan moved to appropriate $3,000 from the contingency fund to the New London Hospitality Center and to forward to the Board of Finance for their approval.

Ms. Rowe seconded the motion.

Ms. Hardy said that given that there is a need and that several people in our Town also use and have need of this service and we do not have such a facility in our Town and it would cost us far more to create a shelter here, she wholeheartedly supports this.

Mr. Kleinhans said that this is a much needed service and that he supports it.

Vote:  5 – 0 – 0.  Motion passed.

4. COMMUNICATIONS

4.a. EL Police Web Page

Mr. Formica noted that they have a new Officer – David Favalora and that he has 13 weeks of training left.

4.b. Atty O’Connell 10/20/08 – Re: Inland Wetlands Agency as Town Board

Mr. Formica noted that there is a letter from Attorney O’Connell indicating that the name of the Agency is correct.

5. INFORMATION AND REPORTS

5. a. Ex-Officio

Ms. Rowe reported that the ELYSA winter programs are on the website and that they had asked for a BOE representative.

Ms. Rowe reported that at the BOE meeting that a proposed high school reform presentation will go to the State Legislature and that there was quite a bit of discussion (both pro and con) on the cost to the Town etc. This process is just beginning now. Also, Jeff Provost was moved to a 12 month Assistant Principal position. And, Chartwells is utilizing $70,000 in funds to upgrade the LB Haynes system and to also allow on-line service. Lastly, the 2009-2010 school year calendar is being discussed.

Ms. Rowe said, as a point of information with respect to the Town’s emergency services personnel that she had a personal issue where her electrical box exploded at her house and the response from these service personnel was truly amazing. She said that she mentions it as this is often something that you do not think about until you need it but they do this every day for someone.

5. b. First Selectman’s Report

Mr. Formica reported the following:

¨          The Veteran’s Day Ceremony will be held at 10:30 on the Green and that all are invited to attend

¨          There was a meeting of the Energy Task Force and they are expanding it to add Don Meltabarger from the High School so that he can share his information on solar power. As they are discussing solar and wind power, they will also have a consultant come in to speak with them on this

¨          The new insurance company has provided them with a booklet on all 88 Town Buildings and this should help them with their discussion on a facilities manager position

¨          The Greenway – Rte. 11 project has seen no real movement as they are trying to determine the allocation of monies. As there is no federal highway approval of this – buying of land may be premature. There is also a new issue concerning a bike path

¨          A new restaurant has opened in downtown Niantic and has created somewhat of a parking crunch. He said that he has been speaking with all parties and that on November 14th at 10 AM there will be a meeting on ideas regarding the downtown parking. This will be held in the police station.

¨          The Triad Program kick-off is Friday November 7, 2008 at 1 PM at the Senior Center. This program will be on-going and is designed for safety for seniors through various community programs

¨          He attended a recent Crescent Beach Holiday Harvest gathering

¨          He attended the Main Street Halloween Parade where they provided hot dogs to 400+ participants

¨          Last week was the Planner’s first week and things should go well

¨          The Capital Improvement Group met and they are putting the items in line. The next meeting is Monday, November 10th at 3 PM

¨          They are continuing with arbitration

¨          The Water & Sewer Commission met

¨          Parks & Recreation and the department heads in that building met to discuss combining space and they are also looking at the possibility of combining a position

¨          He attended the CERT graduation of some 14 people. He commended Ms. Rathbun on her teaching of these classes

¨          He attended the St. Matthias 10 year anniversary

¨          He had attended the Save the River, Save the Hills fundraiser and initiatives

¨          The POCD Steering Committee met for the fourth time and received public input which they expect to expand upon

¨          They have scheduled a development meeting symposium for November 24, 2008 in conjunction with East Haddam and Randall Arendt will speak on various smart growth and other land use issues. East Haddam will pay one-half and join us and no money will be coming from the budget for this item. They have invited everyone to attend and also have invited guests

¨          The paving will be finished this week at the Hole in the Wall and he and the Town Engineer have met with Metrocast who have agreed to be a partner with us to keep the Hole in the Wall project on the internet

¨          He noted the historic election of Obama and pledged support to help the country move forward

¨          He commended the Registrars and Town Clerk for their efforts to make the voting process a success

Ms. Hardy commended the Registrars and the Town Clerk on the smooth operation of the election. She said that she had students working it and that it was a wonderful experience for them.

Mr. Hogan asked that he be reminded or that the Land Use Symposium be posted on the website for people to be able to keep in mind.

Ms. Hardy noted that she would not be able to attend the next meeting as she would be in Washington with her students. She noted that they would be debating and that she was proud of them being chosen.

Mr. Hogan also noted that he would not be at the next meeting as he will be in Cape Canaveral for work.  

6. PUBLIC DISCUSSION

Mr. Formica called for Public Discussion.

Mike Schulz, Lovers Lane said that there was mention about Ms. Hardy’s debate class and Washington – he thanked her for the great job. He also said that he gives his support for the allocation of monies for the Homeless Shelter as it is a must to support this. Regarding employee contracts and agreements, he said that it seems that this discussion is done in executive session and the public is just handed the bill and no information on the benefits, raises, etc. They have an office where they can go pick up a copy of this contract however this is the computer age and he asked if they could put this on the website for people to see as they are paying for it.

Jim Levandoski, Police Officer / Ambulance Association said that he appreciates the support on the fire truck and explained that they are purchasing a fire truck at the same cost as they did some 20 years ago - $200,000 to $250,000. This is a good deal for the Town. He also noted that the homeless situation is definitely a problem and that there is a very real need for this. They, as public servants see more of this than they would think and there is a need and he is glad that they voted to support it.

7.  SELECTMEN’S RESPONSE

Ms. Hardy said that regarding Mr. Gadbois comments on the rocks and Stop & Shop that she is the Ex-Officio to Zoning and that the Zoning Commission has tried to deal with this. The large rocks were brought and placed there by the State and it seems that it has gone beyond the scope of Zoning and warrants a ‘shopping trip’ from the First Selectman.

Ms. Hardy also asked if they could have an Executive Session on Pending Litigation for the first meeting in December to get an update.

Mr. Formica said to Mr. Gadbois that the Water & Sewer truck that he saw in Mystic was a gentleman who lived in that area and was on call during the fourth of July weekend and was allowed to take the truck home because he was on call. He said that he had obtained this information and apologized to Mr. Gadbois for not getting it to him sooner.  

ADJOURNMENT

**MOTION (15)

Mr. Kleinhans moved to adjourn the November 5, 2008 meeting of the East Lyme Board of Selectmen at 9:30 PM.

Ms. Rowe seconded the motion.

Vote was 5 – 0 – 0.  Motion passed.

Respectfully submitted,

Karen Zmitruk,

Recording Secretary, Pro-tem