EAST LYME BOARD OF SELECTMEN
Scrolling down or clicking the bookmarks will take you to the minutes for meetings held in December.
EAST LYME BOARD OF SELECTMEN
MINUTES
PRESENT: First Selectman Paul Formica, Andrew McKirdy, Rose Ann Hardy, John
Hogan, Rob Wilson, Pam Rowe.
ALSO PRESENT: Finance Director Anna Johnson, Town Clerk Esther Williams,
Attorney Eileen Duggan.
Mr. Formica called the meeting to order at 7:30 p.m. and led the Pledge.
1b. Additional Agenda & Consent Calendar Items
There were none.
1c. Delegations
Joe Mingo of 357 Boston Post Road wanted to voice some concerns on Item 2l., Executive Session to discuss compensation for the First Selectman. He noted that he had spoken with Tom Hennick from CT FOI and he had explained that going into this Executive Session was a double edged sword. He added that approved subjects were employment, employee performance, an evaluation, a health item, or dismissal of an employee. He inquired if the Board was going to evaluate Mr. Formica’s performance for the last two days? What would we be evaluating him on? Are we giving a raise or reducing Mr. Formica’s salary or are we addressing the position. The agenda does not say if we are addressing the position or Mr. Formica. If you are addressing Mr. Formica that is a valid reason to enter Executive Session. I believe that you will be discussing the position of First Selectman and this should be done in open session. He added “for the record, the position deserves a raise.” He added it would be disingenuous to take a raise now – discuss the position, not the person.
John Drabik of 18 Drabik Road noted that a raise may or may not be in order. He added that Mr. Formica knew what the job paid when he took it. The school administrators’ raise is 4.1% increase for the next three years plus perks. This is an obsene amount for this economy.
Joe Barry of 111 S. Edgewood Road noted he appreciated the personal touch on the wall (fish with a seal). He voiced concern about the flag standard and that the eagle is flying away and he inquired why we don’t have the State flag next to the American Flag? He added that if we need a new flag, he would donate one.
1d. Approve the Minutes of the Meeting of November 7, 2007
MOTION (1)
Mr. McKirdy moved to approve the minutes of the meeting of November 7, 2007 as submitted.
Seconded by Ms. Rowe.
Mr. Formica noted that although he was not a sitting member of the Board, he had attended the meeting and he had reviewed the minutes and they reflect the accuracy of the meeting and he felt comfortable to vote which would give a majority on this item.
Aye: Mr. Formica, Mr. McKirdy, Mr. Wilson, Ms. Hardy, Ms. Rowe.
Nay: None.
Abstain: Mr. Hogan. Motion passed 5-0-1.
1e. Consent Calendar
MOTION (2)
Mr. McKirdy moved to approve the Consent Calendar for the meeting of December 5, 2007 in the amount of $677.89.
Seconded by Mr. Hogan. Motion passed 6-0.
2a. Appoint Deputy First Selectman
MOTION (3)
Mr. Hogan move to appoint Andrew McKirdy to serve as the Deputy First Selectman through December 2009.
Seconded by Ms. Rowe. Motion passed 6-0.
2b. Authorize First Selectman to Sign Check Registers
MOTION (4)
Mr. McKirdy moved adoption of the following resolution:
Resolved, that the Board of Selectmen delegates to the First Selectman and upon the absence or disability of the First Selectman, to the Deputy First Selectman, the Board’s obligation to sign the orders of the Board of Selectmen on the Town Treasury for payment of regularly budgeted expenses of the Town, with exception of those of a capital nature over $50,000 where bids are required; and further that the signed orders, covering the period subsequent to the previous regular meeting of the Board, be presented at each regular meeting of the Board for review.
Seconded by Mr. Hogan. Motion passed 6-0.
Ms. Hardy noted that since the Town Clerk was still present, perhaps she could swear Mr. McKirdy in as Deputy First Selectman so that he could begin performing some of his duties.
Town Clerk Esther Williams swore in Mr. McKirdy as Deputy First Selectman.
2c. Schedule of Meetings – 2008
MOTION (5)
Mr. McKirdy moved to approve the meeting schedule for the Board of Selectmen as presented.
Seconded by Mr. Wilson.
Mr. McKirdy noted that these dates were consistent with our Regulations.
Motion passed 6-0.
2d. Discussion – Bylaws – Board of Selectmen
Mr. McKirdy outlined the changes of the document which were in bold italics, and the deletions were enclosed in brackets. He noted that Rule #11 was new. As an elected member of the Board, this rule clarifies that the First Selectman should have the same rights as any other elected member of the Board. He added that this was an issue that arose a few times over the last year and this rule will clarify that.
MOTION (6)
Mr. McKirdy moved adoption of the Regulations of the Board of Selectmen as amended.
Seconded by Mr. Hogan.
Ms. Hardy noted Rule #4., states that an item could be added, but there is no language that this item could be voted on. She suggested that this language be added. She continued that Rule #11 which is the proposal that the Chair have the right to make and second motions. She added that this is not past practice for this Board or other Commissions in Town since the inception of the Charter. She stated that the Chairperson’s duty is to prepare the agenda, organize the meeting, make sure that it runs smoothly and participate the discussion, shepherd the discussion along, but she did not think that the First Selectman or the Chair of any Board or Commission should make or second motions.
Mr. Formica noted that he had attended a seminar for newly elected First Selectmen and there was a FOI specialist present, Attorney Harrington who spoke to this particular issue. He stated that if under the Charter that the First Selectman becomes a member of the Board then the First Selectman should have all the rights or the same rights as any other member. Because it is not clarified in Roberts Rule of Order, this was an opportunity to put it within our Regulations. He added that he agreed that the Chair has duties beyond this also.
Mr. Wilson inquired if we should be looking at this for all elected Boards? He commented that it has not been past practice.
Mr. McKirdy stated that all Boards and Commissions adopt their own rules and we should not be prescribing what they should do. This would be available to them it they so chose.
Mr. Hogan stated that on other Boards and Commissions, the presiding officer is elected internally so that presiding officer has that right to do that anyway and they usually choose not to do so, but nothing precludes them from making or seconding motions unless it is spelled out in their bylaws.
Ms. Hardy stated that she disagreed with this as far as practice in this town. When a Chair has tried to make a motion or second it, they are ruled out of order and it is stated that this is Parliamentary Procedure. She noted that by making a motion the Chair is putting undue pressure on the rest of the Board on how the discussion is going to proceed. She added that she personally has a problem with this and noted that she will not support it.
Mr. McKirdy agreed that it was not past practice however, this is a provision that has been used in a number of boards in which he had served; a State Commission and a local Zoning Commission, where this was a provision in the bylaws. He added it is used very sparingly by a Chair, but sometimes as we saw in the last term, it is useful for the Chair to have the ability to second a motion just to get an item before the Board for discussion. He commented that it was a worthwhile provision to have.
Ms. Hardy stated that if there are five other members of the Board and no one will support it, she believed that there was a pretty good reason why this was so.
Aye: Mr. Formica, Mr. Hogan, Mr. Wilson, Ms. Rowe, Mr. McKirdy.
Nay: Ms. Hardy. Motion passed 5-1.
2e. Discussion / Possible Action – Ex-Officios
Mr. Formica reviewed the Ex – Officio appointments for the Board members.
Ms. Hardy noted that she had not served on the Library Commission and was not sure when it met. She added that the Library is not listed on the Chart of meetings.
Mr. Formica suggested this be found out.
Mr. McKirdy suggested that if there turned out to be a conflict with the meeting, another assignment could be made.
2f. Accept Resignation – Patrick Anhalt – Part time Constable
MOTION (7)
Mr. McKirdy moved to accept the resignation of Patrick Anhalt as a part time Constable for the Town of East Lyme and request that the First Selectman write a letter thanking him for his service.
Seconded by Mr. Hogan.
Mr. Wilson noted that Mr. Anhalt has been a long time member and this will be a great loss to the Town. He added that he has two young children and is doing what is best for his family. He stressed that we should be thanking him for his service.
Motion passed 6-0.
2g. Appointments – Part time Constables
Mr. Formica suggested tabling this item to the next meeting since he has not been able to meet with Sgt. Crooks. He added we have until the end of the year before doing this.
2h. Discussion – Charter Revision
Mr. Formica stated that there has been a lot of discussion of the convening of a new Charter Revision Commission once this new Board became installed. He noted the outline of steps that must be taken and the process must start with finding people who are willing to serve, the Board members need to review the Charter and make recommendations on any housekeeping items or items to be considered or suggested changes.
Mr. McKirdy stated that the Board can appoint between five and fifteen electors, not more than one third of whom may hold another public office and no more than a bare majority from the same political party. He suggested that members make suggestions to the First Selectman.
Mr. Hogan stated that he had been a member of the last Charter Revision Commission and they did not have enough time to fulfil their task and therefore, he suggested the Board extend the time period. He added that nine months had not been enough time.
Mr. Formica agreed.
Mr. McKirdy stated that the Statutes allow up to 16 months to report from the day of appointment.
Mr. Formica noted that sixteen months was too long.
Mr. McKirdy suggested looking to the first meeting in February as a target date to appoint a Commission which would mean that we would have to identify the people and the charge by then. He added that we will not have the opportunity to present to the electorate a proposed Charter Revision for the public to vote on whether or not they want an automatic referendum. The Board of Selectmen has the opportunity on its own initiative to send the next budget to a referendum without the need of petitions.
Mr. Formica stated that he has already stated that he would support sending the next budget to referendum vote after a discussion of the budget at a Town Meeting. He suggested that anyone interested in serving should either email, call him and or contact Darlene at the office.
2i. Resolution for Town Clerk – Historic Preservation Grant
Resolved, that Paul M. Formica, First Selectman of the Town of East Lyme or the Town Clerk as his designee, is empowered to execute and deliver in the name of and on behalf of the Town of East Lyme, an application and contract with the State Library for a Historic Documents Preservation Grant
2j. Approve Seventh Amendment to Town of East Lyme Pension Plan
SEVENTH AMENDMENT
PENSION PLAN
As Amended and Restated January 1, 1997
WHEREAS, the Town of East Lyme (hereinafter referred to as the “Employer”) heretofore established a pension plan effective January 1, 1968, (hereinafter referred to as the "Effective Date") known as the Town of East Lyme Pension Plan (hereinafter referred to as the "Plan") in recognition of the contribution made to its successful operation by its Employees and for the exclusive benefit of its Employees in the Eligible Class; and
WHEREAS, the Plan was most recently restated in its entirety, effective January 1, 1997, and has been subsequently amended, most recently in the form of a Sixth Amendment to such restated Plan; and
WHEREAS, under the terms of the Plan, the Employer has the ability to amend the Plan; and
WHEREAS, in recognition by the Employer of the continuing value of the past services to the Employer of certain of its Employees, the Employer wishes to amend the Plan in order to establish a second 2007 Early Retirement Incentive Program (hereinafter referred to as the "Program") designed both to enhance the retirement security of those AFSCME Council 15 Police Employees who elect to participate, and to promote a reduction in the Employer’s work-force, with such benefit enhancements to be provided in a manner more particularly defined herein;
NOW, THEREFORE, effective August 1, 2007, the Employer in accordance with the provisions of the Plan pertaining to amendments thereof, hereby amends the Plan as follows:
1. Article IV is hereby amended by adding the following new Section 4.12:
“4.12 2007 Early Retirement Incentive Program – AFSCME Council 15 Police Employees
(a) Eligibility: an Employee shall be considered eligible for this Program if he is classified by the Employer as an active, AFSCME Council 15 Police Employee, who will be at least age 54 with at least 18 years of Service by December 31, 2007, and who personally elects to retire with an Annuity Starting Date between September 1, 2007 and December 31, 2007.
(b) Enrollment: Beginning August 1, 2007, the Committee shall furnish each Employee eligible for this Program in accordance with the terms of Section 4.12(a) above with such administrative materials and forms as it shall, in its sole and exclusive discretion, determine are necessary to adequately disclose the terms and conditions applicable to the Program. The Enrollment Period shall begin August 1, 2007 and shall end on September 15, 2007. During this Enrollment Period, each Employee eligible to participate in the Program shall be provided with the opportunity to elect, in writing, to participate or to decline to participate in the Program. The election form must be sent to the First Selectman by Certified Mail, Return Receipt Requested, or hand-delivered to the First Selectman (and a written receipt obtained) on or before September 15, 2007. The date of final employment, as well as the Annuity Starting Date, shall be established by the First Selectman, with the final date of work and Annuity Starting Date contingent on replacement hiring. The First Selectman shall have the discretion to implement an alternative Annuity Starting Date between September 1, 2007 and December 31, 2007, in consideration of the operational requirements of the Town. An eligible Employee's failure to affirmatively elect in writing to participate in the Program and to sign a general release in favor of the Employer, or to decline to participate in the Program, shall be deemed to be an election to decline to participate in the Program, which election shall be final and irrevocable as of the close of the Enrollment Period unless the Town otherwise agrees in writing.
(c) Pension Benefits: the enhanced Pension under the Program shall be composed of the following three (3) elements, as follows:
(1) Increased Percentage of Final Average Earnings: a figure of 6 percent shall be added to the result of multiplying the eligible Employee’s years of Service by the percentage stated in the applicable formula (or portion thereof) in Section 4.01 of the Plan.
(2) Conversion of Accumulated Leave: an additional percentage of Final Average Earnings of up to three (3) percent shall be granted through the exchange of accumulated but unused sick leave for pension credit, in accordance with the following schedule:
Number of Unused Sick Days Additional Percentage
Less than 100 days (no. of days) X .01%
100-149 days One percent (1%)
150-199 days Two percent (2%)
200 or more days Three percent (3%)
(3) Waiver of Early Retirement Adjustment: in the event an eligible Employee in the Program is retiring prior to his Normal Retirement Date, no early retirement adjustment factor shall be applied to his benefit. The actual number of years of Service used in the determination of the Pension of the eligible Employee shall remain the actual years of Service accrued as of the date of the eligible Employee’s retirement.
All other provisions of the Plan shall remain in full force and effect.
IN WITNESS WHEREOF, the Employer has caused this Seventh Amendment to the 1997 Restatement of the Plan to be executed this _______day of ___________________, 2007.
2k. Request for Insurance Waiver – ELLCC – Alcoholics Anonymous
Move to approve the request of Alcoholics Anonymous for an insurance waiver for use of the ELLCC on December 31, 2007 for a dance with the understanding that no alcohol be served.
2l. Executive Session – Discussion concerning the compensation of the First Selectman, a public officer, pursuant to General Statutes 1-200 (6)(A)
Move that the Board of Selectmen along with Finance Director Anna Johnson and Labor Counsel Eileen Duggan, go into Executive Session pursuant to General Statutes 1-200 (6)(A) for the purpose of discussing the compensation of the First Selectman.
2m. Discussion – Deferral of First Selectman’s report of election of COLA as salary or pension contribution.
Move to defer, for a period not to exceed sixty five (65) days, the requirement adopted as part of an amendment to the personnel policy handbook in 2003, that the First Selectman report to the Board of Selectmen at the first meeting of the newly elected Board his election to receive cost of living adjustments during his current two-year term as salary or as additional contributions to a 401(a) plan.
EAST LYME BOARD OF SELECTMEN
MINUTES
PRESENT: Paul Formica, Andrew McKirdy, John Hogan, Pam Rowe, Rose Ann
Hardy.
EXCUSED: Rob Wilson.
Mr. Formica called the meeting to order at 7:34 p.m. and led the Pledge.
1b. Additional Agenda & Consent Calendar Items
There were none.
1c. Delegations
Tom Kalal of 80 Grassy Hill Road stated that he had been a resident for the past 29 years and now that his kids had grown he had more time to volunteer. He noted that he was submitting his resume of interest and volunteering for a land use commission. He commented that he would prefer the Conservation Commission.
1d. Approval of Minutes Meeting of December 5, 2007
MOTION (1)
Ms. Rowe moved to approve the minutes of the meeting of December 5, 2007 as submitted.
Seconded by Ms. Hardy.
Mr. Formica noted a correction brought to his attention on Page 1., first main paragraph, bottom line regarding Mr. Mingo’s remarks; he would like the record to say that it “would be appropriate to discuss the position for a raise and not the person.”
Mr. McKirdy noted that Attachment B to the minutes only included the first page. He asked that this be corrected.
Ms. Rowe moved to amend her motion with the corrections noted.
Ms. Hardy amended her second. Motion passed 5-0.
1e. Consent Calendar
MOTION (2)
Mr. Hogan moved to approve the Consent Calendar in the amount of $190.73 for the meeting of December 19, 2007.
Seconded by Ms. Hardy. Motion passed 5-0.
2a. Appointments – Board and Commissions
COMMISSION ON AGING:
MOTION (3)
Mr. McKirdy moved to appoint Marge Caste of 4 Windfall Lane Niantic CT and Donna Palumbo of 133 Black Point Road, Niantic, CT to serve on the Commission on Aging through January 4, 2010;
Seconded by Mr. Hogan. Motion passed 5-0.
MOTION (4)
Mr. McKirdy moved to appoint Philip L. Mountain of 42 Laurel Hill Drive Niantic, Ilene S. Harris of 27 Stoneywood Drive, Niantic, Jane H. Powers of 21 Haigh Avenue, Niantic, CT to serve on the Commission on Aging through January 2, 2012.
Seconded by Ms. Rowe. Motion passed 5-0.
BUILDING CODE OF APPEALS:
MOTION (5)
Ms. Rowe moved to appoint J. Robert Pfanner of 2 Ferro Court, East Lyme, CT and Frederick K. Sullivan of 7 Parker Drive, East Lyme, CT to serve on the Building Code of Appeals through January 2, 2012.
Seconded by Mr. McKirdy. Motion passed 5-0.
MOTION (6)
CABLE TV ADVISORY:
Mr. Hogan moved to appoint William Powers of 21 Haigh Avenue, Niantic, CT to serve on the Cable TV Advisory Board to serve through January 4, 2010.
Seconded by Ms. Hardy. Motion passed 5-0.
CONSERVATION COMMISSION:
MOTION (7)
Mr. McKirdy moved to appoint Norman K. Bender of 11 Poppy Lane, East Lyme, CT and Candace Bodenhofer of 13 Dean Road, East Lyme, CT to serve on the Conservation Commission through January 2, 2012.
Seconded by Mr. Hogan. Motion passed 5-0.
EAST LYME HARBOR MGT / SHELLFISH COMMISSION
MOTION (8)
Ms. Hardy moved to appoint Donald F. Landers Jr. of 3 Beach Avenue, Niantic, CT, Stephen Dinsmore of 57 Chesterfield Road, East Lyme, CT, Frank Skewes of 21 North Edgewood Road, Niantic, CT and Gregory M. Murin of 83 Quarry Dock Road, Niantic, CT to serve on the Harbor Management / Shellfish Commission through January 2, 2012.
Seconded by Mr. Hogan. Motion passed 5-0.
ECONOMIC DEVELOPMENT COMMISSION:
MOTION (9)
Ms. Rowe moved to appoint John E. Jensen of 3 Larchwood Lane, East Lyme, CT to serve on the Economic Development Commission through January 2, 2012.
Seconded by Mr. McKirdy. Motion passed 5-0.
FIRE MARSHAL:
MOTION (10)
Mr. McKirdy moved to appoint Richard E. Morris of 9 Haigh Avenue, Niantic, CT to serve as Fire Marshal for the Town of East Lyme, CT through January 2, 2012.
Seconded by Ms. Rowe.
Mr. Formica noted that Mr. Morris does an excellent job in this position.
Motion passed 5-0.
NIANTIC RIVER GATEWAY COMMISSION:
MOTION (11)
Mr. Hogan moved to appoint Ron Stevens of 1 Cherry Street, Niantic, CT to serve on the Niantic Gateway Commission through January 4, 2010.
Seconded by Ms. Rowe.
Aye: Mr. Formica, Mr. McKirdy, Mr. Hogan, Ms. Rowe.
Nay: None.
Abstain: Ms. Hardy. Motion passed 4-0-1.
PARKS AND RECREATION COMMISSION:
MOTION (12)
Ms. Rowe moved to appoint Charles Fenick of 78 Riverview Road, Niantic, CT, Jacqueline M. Curry of 3 Virginia Street, Niantic, CT, J. Robert Pfanner of 2 Ferro Court, East Lyme, CT and William J. Willetts Jr. of 13 Sunset Avenue, Niantic, CT to serve on the Parks and Recreation Commission through January 2, 2012.
Seconded by Mr. Hogan. Motion passed 5-0.
SCRRRA:
MOTION (13)
Mr. McKirdy moved to appoint Michael Giannattasio of 109 Scott Road, East Lyme, CT and William Scheer Jr. of 251 Whistletown Road, East Lyme, CT to serve as our representatives to SCRRRA through January 4, 2010.
Seconded by Ms. Hardy. Motion passed 5-0.
SE CT WATER AUTHORITY:
MOTION (14)
Mr. Hogan moved to appoint Wayne L. Fraser of Gurley Road, Niantic, CT to serve on the SE CT Water Authority through January 4, 2010.
Seconded by Mr. McKirdy.
Aye: Mr. Formica, Mr. McKirdy, Mr. Hogan, Ms. Rowe.
Nay: None.
Abstain: Ms. Hardy. Motion passed 4-0-1.
SEAT:
MOTION (15)
Ms. Rowe moved to appoint F. Kent Sistare Jr. of 22 Westchester Road, East Lyme, CT to serve as our representative to SEAT through January 2, 2012.
Seconded by Mr. Hogan. Motion passed 5-0.
SMITH HARRIS COMMISSION:
MOTION (16)
Mr. McKirdy moved to appoint Jim Littlefield of 84 Smith Street, Niantic, CT, Denise Mackey-Russo of 18 Mayfield Terrace, East Lyme, CT and Carol Marelli of 74 Ancient Highway, East Lyme, CT to serve on the Smith Harris Commission through January 2, 2012.
Seconded by Ms. Rowe. Motion passed 5-0.
TOWN BUILDING COMMITTEE:
MOTION (17)
Mr. Hogan moved to appoint Raymond J. O’Connor Jr. of 28 Roxbury Court Niantic, CT and Dale Johnson of 36 Bush Hill Drive, Niantic, CT to serve on the Town Building Committee through January 2, 2012.
Seconded by Ms. Rowe. Motion passed 5-0.
TVCCA:
MOTION (18)
Ms. Rowe moved to appoint William P. Powers of 21 Haigh Avenue, Niantic, CT to serve as our representative to TVCCA through January 4, 2010.
Seconded by Ms. Hardy. Motion passed 5-0.
WATER AND SEWER COMMISSION:
MOTION (19)
Mr. McKirdy moved to appoint Mary N. Cahill of 37 Indianola Road, Niantic, CT, David Zoller of 3 Spinnaker Drive, Niantic, CT, Roger L. Spencer of 31 South Pine Street, Niantic, David B. Bond of 50 Smith Street, Niantic, CT and Wayne Fraser of Gurley Road, East Lyme, CT to serve on the Water and Sewer Commission through January 2, 2012.
Seconded by Mr. Hogan. Motion passed 5-0.
WATER ASSESSMENT BOARD OF APPEALS:
MOTION (20)
Mr. Hogan moved to appoint James E. Themig of 26 Pleasant Drive, Niantic, CT and Diane Zukowski of 36 Sunrise Avenue, Niantic, CT to serve on the Water Assessment Board of Appeals through January 2, 2012.
Seconded by Ms. Rowe. Motion passed 5-0.
WATERFORD / EL SHELLFISH COMMISSION:
MOTION (21)
Ms. Rowe moved to appoint William Norfleet of 106 Oswegatchie Hills, Niantic, CT to serve on the Waterford / East Lyme Shellfish Commission through January 2, 2012.
Seconded by Mr. McKirdy. Motion passed 5-0.
YOUTH SERVICES COMMISSION:
MOTION (22)
Ms. Hardy moved to appoint Patrick J. Larkin of 14 Oak Hill Drive, Niantic, CT, Ashley Peterson Schinella of 9 Indian Rock Road, Niantic, CT and Michael T. Manifold of 11 Saltaire Avenue, Niantic, CT to serve on the Youth Services Commission through January 2, 2012.
Seconded by Mr. McKirdy. Motion passed 5-0.
ZONING BOARD OF APPEALS:
MOTION (23)
Mr. Hogan moved to appoint Arthur C. Saunders III of 12 Center Road, Niantic, CT, Francis H. Hunt of 2 Strawberry Lane, Niantic, CT and Thomas Boguszewski of 24 Patrick Place, Niantic, CT to serve on the Zoning Board of Appeals through January 2, 2012.
Seconded by Mr. McKirdy. Motion passed 5-0.
MOTION (24)
Mr. Hogan moved to appoint Craig Mason of 3 Corey Lane, Niantic, CT and Shawn M. McLaughlin of 214 Giants Neck Road, Niantic, CT to serve as an Alternates on the Zoning Board of Appeals through January 2, 2012.
Seconded by Ms. Hardy. Motion passed 5-0.
2b. Budget Transfer – Registrar’s Presidential Primary
Mr. Formica reviewed the budget transfer requested by the Registrars, adding that they expected the cost to be $12,578. which would give the Registrar’s a shortfall in their budget of $6,823 due to the fact that they had more referendum activity this year than they had planned for. In order to cover the total cost funding needed to be transferred from their Election Day Expenses Account ($4900) and a suggested budget transfer from Insurance PD & L ($6,823). An activity sheet noting the schedule of activity for Insurance PD&L identified as Attachment A is enclosed with these minutes.
Registrar Carol Marelli of 74 Ancient Highway stated that this will be a double primary, and they would be held simultaneously; all three polling places would be needed and it would run the full amount of hours.
MOTION (25)
Ms. Hardy moved the following transfer:
$4900 from Account Number 8-01-01-110-500-401 Election Day Expenses to Account Number 8-01-01-110-500-402 Referendum Primary Account and $6823 from Account Number 8-01-01-114 -200-290 Insurance PD&L to Account # 8-01-01-110-500-402 Referendum / Primary Account to cover the upcoming Presidential Preference Primary and forward to the Board of Finance for their approval.
Seconded by Mr. Hogan. Motion passed 5-0.
2c. Special Appropriation Request – Public Safety – Labor Services $40,000
Mr. Formica noted that the town has several outstanding grievances from the Police Department and therefore, the Legal Services account is over-expended by $12,777 with billings through September. He added that we had just received the October billing this week and the Police bill was $6,887 over-expending the legal account by $19,665. He reviewed the attached budget sheets (identified as Attachment B) and added that he did not believe that this appropriation would carry us through the rest of the year.
MOTION (26)
Ms. Hardy moved to appropriate and transfer $40,000 from undesignated fund balance to the Public Safety Legal Services account 8-01-01-14-140-236 due to excessive legal costs in the Police Department related to several grievances and to forward to the Board of Finance for their approval.
Seconded by Ms. Rowe. Motion passed 5-0.
2d. Request of Town Clerk – Longevity Review
Mr. Formica noted the request of the Town Clerk to have her longevity reviewed since there was such a disparity between hers and union employees. He asked if any of the Board members would volunteer to review this issue.
Mr. McKirdy stated that he and Ms. Hardy had worked on a review of the non-union employees and suggested that they continue this year and review this item also.
Mr. Formica accepted their offer to review these items for the upcoming budget season.
2e. Discussion – Budget Procedure and Schedule of Meetings
Mr. Formica inquired if any of the Board members had a preference on how they wanted to schedule budget review sessions.
Ms. Hardy suggested that Mr. Formica return at the next meeting with 7 – 9 potential dates to meet from 5:30 p.m. until 7:00 for budget reviews. She also suggested the sooner they start meeting, the better.
3a. Appointments – Part time Constables
Mr. Formica noted that there would only be three appointments made this evening. He added that Mr. Holmes’ appointment would be deferred to a later time so that personnel matters could be reviewed.
MOTION (27)
Mr. Hogan moved to appoint the following:
Matt Rowland Linda Nott Robert Cutillo
24 Indian Rock Rd. 1275 Old Colchester Rd 7 Grand St.
Niantic, CT 06357 Oakdale, CT 06370 Niantic, CT 06357
to serve as Part time Special Constables for the Town of East Lyme through June 30, 2008.
Seconded by Ms. Hardy.
Ms. Hardy stated that we are now down 2 part time constables and at one time we used to have 8-10 to draw on. She added that the same amount of training was necessary for a part time officer as that of a full time officer. She inquired if Mr. Formica had had any discussions with Sgt. Crooks regarding this and does he want to expand the number of part time officers or is it becoming cost prohibitive? She added that part time constables had been helpful in the past since they were out in the community working other jobs and many times received information that our full time officers did not because of this. She added that a few of our officers are considering retirement and perhaps they might volunteer to serve. She added that in the past we have had one or two members of the Board of Selectmen work with the First Selectman on a subcommittee for police interviews and she volunteered to serve in this capacity.
Mr. Formica noted he would discuss these options further with Sgt. Crooks and report back. He added that he appreciated any of the knowledge and this Chair values expertise that she could offer and noted her experience and when we get to that point, he would definitely talk to her.
Motion passed 5-0.
3b. Ex-Officio Appointments
Mr. Formica noted that the Ex-Officio list had been corrected. He commented that he was Chair of the Water and Sewer Commission and Mr. McKirdy was Deputy Chair when he could not attend and they had been incorrectly listed as Ex-Officios. He inquired if Ms. Hardy had a conflict with the schedule of the Library Board now that it was included.
Ms. Hardy responded that she did not have a conflict.
4a. Town Attorney – Authority of First Selectman to Second Motions at Board of Selectmen Meetings
Mr. Formica stated that prior Selectman Joe Raia had raised this question and we had just received an answer from Town Attorney (enclosed as Attachment C).
5a. Ex-Officio
Ms. Hardy had no report.
Mr. Hogan had no report.
Mr. McKirdy noted that he had concluded his service as Ex-Officio to the Commission on Aging and reviewed the following facts that would be listed in their Annual Report:
- Nutrition and food program served 10,475 meals; 3600 at the Sr. Center, 6800 to home bound clients.
- The 2 senior vans put on 27,500 miles averaging 2300 miles a month with 4200 riders for the year.
- The Commission on Aging offers over 70 programs and 33 trips each year with over 12 special events.
He added that this Commission does a great deal for the community.
Ms. Rowe attended the Board of Education meeting and a great deal of the agenda was housekeeping items. She added that Kevin Seery had been re-elected Chair and Judy Engel was elected Secretary. She stated that a student from Grasso Tech was present and spoke of his experiences there. CIAC evaluations on all of our sports will be taking place after the first of the year.
Ms. Hardy noted that the Commission on Aging is looking for additional volunteers for the Meals on Wheels program, especially during these winter months.
5b. First Selectman’s Report
Mr. Formica noted that he has begun the reorganization of Town Hall and the Cottage. The old rug in the basement of the cottage had been removed which has improved the mold and dust problem. He added that this areA will be utilized for storage of files that are soon to be destroyed while the vault in the Town Hall will house more recent records. He noted that he is continuing his review of job descriptions and identifying duties and personnel. He attended the Economic Development Commission meeting where they had a discussion about the Town’s website and budget issues. He attended the Parks and Recreation meeting, along with the Zoning and Planning Commission meetings so that he could identify himself and help out with the election of officers. He met with residents of Giants Neck area along with their beach association to discuss their concerns. He attended the Board of Finance meeting and noted that he met the new members and discussed the upcoming budget year format. He attended a meeting hosted by the Connecticut Conference of Municipalities where he stressed his request to strengthen the affordable housing statutes so that this housing would not be allowed in environmentally sensitive land and CCM has agreed to move forward with this language. He attended a Southeastern Connecticut Council of Governments meeting where everyone was discussing regionalization and he was looking forward to increased dialogue with area municipalities. He also attended a Connecticut Seafood Advisory Council meeting where he brought forward issues that Harbor Management had raised. He met with Regional 4 Deputy Tony Scalora of Homeland Security and Emergency Management to review updates on procedures. He also will be meeting Friday with Public Works staff regarding ice and snow removal practices.
He commented that he was looking for volunteers for a group to study health care costs and maximizing efficiencies and a Fuel and Energy Task Force in an attempt to target a
20% decrease in usage. He stated that he had received a Transfer Station Usage Report (identified as Attachment D). He noted that he would be meeting with Public Works and Parks and Recreation staff at the end of the week to discuss manpower, equipment and priorities in regard to clearing Town properties and sidewalks after snow events.
Mr. Formica noted a change in the operating management of Darrow Pond and Mr. Frey is no longer involved in the day-to-day operations. He commented that new project managers have been assigned from Virginia and they are aware of the zoning requirements.
Ms. Hardy noted that there was a high interest in Town regarding Darrow Pond and requested the First Selectman keep them aware. She also requested that the First Selectman notify the Board of Selectmen members a week in advance of taking a vacation and when placing Deputy McKirdy in charge. She complimented our Public Works Department on their outstanding work during this last storm. She added that she had the opportunity to travel to neighboring municipalities and their roads did not compare to the condition of ours.
Mr. Formica agreed stating that they had done a great job and that he had stopped in to see them but he hoped to ride one of the plow trucks in the future.
6. Public Comment
Mike Schulz of Lovers Lane inquired if volunteers are used at the election polls or only paid workers?
Registrar Carol Marelli stated that everyone who is working is getting paid. She added people have the opportunity to refuse payment, but none do.
Mr. Schulz inquired if payment is made per State Statute?
Ms. Marelli responded she did not know if State Statute or just historical practice directed it.
Mr. Formica requested that she check into it.
Ms. Hardy noted that these were very long, 16-hour days with very few breaks that had to be worked.
Mr. McKirdy stated that if people are compensated for this task, we can hold them accountable and he suggested that we continue the practice of compensation whether or not it is in the State Statutes.
Ms. Rowe noted that she had been remiss in informing the Board that the East Lyme High School had been named to the Unites States Best High School and received the Silver Award and she extended her thanks to all involved with our school system.
Mr. Formica added his commendation noting this was a huge honor for this Town.
MOTION (28)
Mr. Hogan moved to adjourn the December 19, 2007 meeting of the East Lyme Board of Selectmen at 8:44 p.m.
Seconded by Ms. Rowe. Motion passed 5-0.
Respectfully submitted,
Darlene C. Stevens, Recording Secretary