September 12, 2007
Minutes
Attendance
Chester: Tom Marsh ETD: Secy. Leslie Strauss
Clinton: Willie Fritz
Essex: Phil Miller ETD: Bill Foster
Killingworth: Marty Klein ETD: Barbara Klein
Lyme: Ralph Eno
Old Lyme: Tim Griswold ETD: Treas. John Forbis
Old Saybrook: Mike Pace ETD: Cornelius Mc Crudden
Westbrook: Noel Bishop ETD: Chairman Doris Sanstrom
Staff: Linda Krause,
Guests: ECS Director Paula Ferraro, Jeff Nelson, representing Gov. Jodi
Rell, Ellen Paul representing Congressman Joe Courtney, former
ETD Director Brad Beecher, Atty. John Letizia, Paul
Nonnemacher of CRRA, Marie Farrell of Westbrook, Bonnie
Reemsnyder of Old Lyme
Chairman Mike Pace called the meeting to order in the conference space of the Connecticut River Estuary Regional Planning Agency at 8:57 AM.
I.
CRRA
Chairman Pace amended the agenda and recognized Paul Nonemacher of CRRA.
Mr. Nonemacher announced that the Attorney General is considering regulating the disposal of garbage. With the acquisition of Bridgeport trash to energy plant, Wheelabrator will have a de facto monopoly on trash disposal in that part of Connecticut. Garbage disposal can be considered a Public Utility. Wheelabrator owns 60% of the trash facilities between Ohio and West Virginia. Since CRRA is a public agency, the Mid-Connecticut facility is apt to remain permanently public.
CRRA will hold an Electronics Collection at the Essex facility on October 6. Under recent legislation, DEP is directed to establish a fund to offset the collection and disposal of electronic equipment. Tim Griswold thanked CRRA for the free pick-up and mentioned that Clean Harbors had charged $24.00 for each 20 pounds of electronic equipment collected. CRRA disposes of electronics for 13 to 15 cents per pound or $260 per ton. Hope was expressed that, with the new legislation, DEP may allow towns to collect electronic equipment in watertight containers. Ralph Eno cautioned that it would require an amendment to each existing trash disposal permit.
Chairman Pace reminded members that Recycling Costs Money! He announced that although the volume of municipal solid waste is being reduced, the operation must be maintained. When CRRA was digging out of its financial losses, the garbage never stopped. Reserve funds were used to pay for operations. The Hartford landfill is scheduled to close in December of 2008. There is no reserve available to pay for the closing.
When asked about the New Hartford law suit, Chairman Pace explained that, with the wisdom of the court, the suit was give class action status and all 70 towns were included. The judge recently ruled that CRRA was not injured by Enron and must repay the towns immediately. Mike explained that CRRA always intended to repay the towns. It is a matter of timing. The decision is under appeal.
Martin Klein noted that the Mid-Connecticut Project should be owned free and clear by 2012. He asked what effect that will have on TIP fees. Mike replied that he hopes CRRA can maintain them at the present level.
Dick Smith asked about bulky waste. CRRA is looking for a suitable site.
II. ETD Update
Chairman Pace cautioned that he hoped to limit the discussion to the actions of the ETD Board.
Dick Smith suggested that issues may involve employees.
Phil Miller asked who, under the by-laws has the authority to make personnel decisions.
Noel Bishop asked whether, as Chairman of the ad hoc committee, he should give a report.
The members of the Estuary Transit District were introduced.
Linda Krause distributed material that included a chronology of recent ETD activity together with the applicable statutes, the 1981 by-laws, the 2006 audit report and a letter of complaint from certain employees.
Phil Miller asked if the material weaknesses reported in the audit pre-dated the employment of the director. They do.
Chairman Pace stressed that this is a clarification session.
Mr. Forbis spoke at length detailing his concerns. He noted that he is now treasurer of the ETD.
Chairman Pace asked Mr. Forbis how the financial duties have been diversified. Mr. Forbis assured him that there is a clear definition of roles and responsibilities. Sue, the dispatcher, is now making the deposits.
Mr. Forbis stressed that the Board members are all volunteers. The ETD Board is learning about FOI and does try to protect individuals.
Chairman Pace noted that the issue has mushroomed. The key is to maintain a viable operation.
He was assured that with Helena in charge of finance, Paul in charge of operations and Sue serving as dispatcher (since the last half of the audit), the operation is functioning well.
Tom Marsh asked about previous audits.
Mr. Forbis explained that since the previous audit, Helena’s duties have been expanded and Paul has been hired. He stated that the previous auditor now longer serves non-profit entities.
Chairman Pace noted that to correct the material weaknesses, Brad Beecher had to initiate changes. He asked if any of the changes related to other personnel. Mr. Forbis assured him that they did not.
Noel Bishop reported on behalf of the ad hoc committee. There was a clear understanding that would be a management review of office relationships. The ETD was to report back to the LCVSA before taking any further action.
There was a discussion of personnel resigning during an ETD board meeting and the letters of resignation being returned by three members after the meeting.
Mr. Forbis noted that although each member of the “Troika” was given a bonus of $1,000 per month after Jim Rode left, no bonuses are being paid this time. Attorney Letizia agreed that he had stated to the ETD that “You need these people to operate and you do want them to stay.”
Mr. Bishop noted that the concern goes beyond personnel. It is the perception of the responsibility of the Board. It was agreed that no personnel decisions were to be made prior to meeting again with the Selectmen.
Dick Smith spoke to the members of the ETD about the liability of decisions made after meetings are closed.
Chairman Pace asked Attorney Letizia to clarify the Attorney/Client privilege in reference to the Selectmen being copied with certain correspondence.
Atty. Letizia noted that his research for the Litchfield ETD led him to understand that the towns are members of the ETD. The Selectmen are therefore affiliates.
Atty. Letizia noted that there is no personnel handbook for ETD staff. No procedures are set out. He suggested that a consultant be hired to help decide if an Executive Director is needed.
Concern was expressed by several selectmen that previous agreements between LCVSA and the ETD Board were not adhered to. An attempt was made to ascertain who decided to fire the director. Mr. Forbis explained that they were afraid that that Helena and Paul might leave. Dick Smith expressed concern about the emotional involvement of the directors and the amount of control given to the staff. He expressed doubt that anyone would be respected as a director.
Doris Sanstrom explained that she has absolute trust in Helena and would not feel as secure signing documents for anyone else.
Noel Bishop returned to the question of why the ETD did not come back to the Selectmen as agreed before dismissing Director Beecher.
Speaking on behalf of the ETD, Bill Foster noted that their concern was to keep the busses running.
Attorney Letizia expressed concern that there had been no DNO insurance or EPL insurance. Following his advice, the ETD has secured DNO insurance.
He noted that the timing of the reinstatement of the insurance is such that the ETD Board will be protected if they are sued by Brad Beecher, however, they would not be protected if they are sued by Helena. He added that that they do not have to fear the ADEA because no age discrimination is involved.
He noted that the FOI Commission can train the Board. The by-laws lack detail but can be fixed.
Dick Smith asked if Ricardo (Ricardo Alimeido of DOT) is willing to expend money for attorneys and managerial consultants. He noted that although Ricardo has been in touch with Mr. Forbis, he has not been in contact with any of the selectmen.
Ralph Eno expressed a lack of faith in the ability of the present board to manage the district.
Martin Klein noted that as far as Brad is concerned, “The well has been poisoned.” He can sue. He agreed that the Selectmen need some faith in the board.
Dick Smith expressed concern about the emotional involvement of the directors and the amount of control given to the staff. He expressed doubt that any one would be respected as a director.
Bill Foster assured the group that he has complete confidence in the ETD Board. They have been through several transitions from CRERPA running the ETD with the Senior Center operating the busses, to DATTCO operations, to in house dispatching and increased ridership.
Secretary Leslie Strauss questioned some of the board resignations. She noted that the office had been dysfunctional and that much of the responsibility was assumed by three Board members who had the time to offer.
Tim Griswold expressed confidence in the ETD board and mentioned some of their accomplishments. He suggested that the Selectmen should not micromanage the ETD board as they micromanage employees.
Linda Krause noted that she had searched ETD minutes looking for authorization for changing locks or hiring guards.
Chairman Pace ended a general discussion of recent acts and how to proceed with a summation, stating that sometimes blame does not have to be assessed. The matter between the ETD Board and Brad Beecher seems to be a divorce with irreconcilable differences. The Board, with assistance, needs to determine: What is the corporate culture? Who does what? What are the internal politics? How should the Board operate? What management style are they looking for? He noted that the ETD made good progress under Brad’s direction. If they are separating from Brad, should they go back to Stan Greimann as an interim director?
Doris Sanstrom reported that she has already asked Stan. He replied that he is rusty. He is willing to represent Old Saybrook as a member of the board. She stressed the importance of retaining the present staff.
John Forbis mentioned that since he has been taking notes of the meeting, he will write down his understanding of how to proceed and Email Chairman Pace to be sure that his understanding is accurate.
It was agreed that the ETD and the LCVSA will meet jointly again in October in the CRERPA Conference space during the regular meeting time of the LCVSA.
Noel Bishop asked the ETD to prepare an accounting of the legal fees and any other anticipated fees. He asked that a budget be developed for the transition. Noting that three employees are running the office, he asked who is in charge. Doris Sanstrom, John Forbis and Virginia Zawoy are in charge. Either John or Doris is usually in the office.
Noel asked about governance. What is the function of the board?
Chairman Pace questioned the split between administrative and supervisory responsibilities.
Chairman Pace was assured by Attorney Letizia that the board has full authority to take the action that it has.
Chairman Pace asked if Selectmen should act through their appointees and was told that they have separate standing as members.
Dick Smith asked if the towns are liable for the legal bills of the ETD.
Atty. Letizia answered that, unfortunately, they are not. He explained that the ETD must indemnify members if they are acting in good faith as a corporate entity. The towns also indemnify its representatives if they are acting in good faith as a corporate entity. It is hardest to sue a town.
Ralph Eno asked that it be made clear that no effort shall be made to hire a new director until all conditions have been met.
John agreed that the ETD would adhere to conditions as clarified by him with Chairman Pace.
Chairman Pace clarified that the strategy is to involve other people and to open communications.
John Letizia suggested that since Brad Beecher was present, perhaps he would discuss his rejection of the separation proposal. Brad responded that money in not the only issue.
Chairman Pace suggested that a facilitator be defined to assist in the negotiations between Brad and the ETD. Dick Smith and Noel Bishop agreed to participate in settlement negotiations.
A two minute recess was declared.
Treasurer Forbis asked that the quorum of ETD members meet on the sidewalk in front of CRERPA.
II.
Minutes
Phil Miller moved that the August 8 minutes be accepted as circulated. The motion was seconded by Ralph Eno and unanimously approved.
III. New Business
A. 2010 Census – LUCA
CRERPA was authorized by consensus to take responsibility for the LUCA on behalf of the nine member towns. A training session is being held by the Boston Regional Division of the US Census Bureau today in Essex concurrent with this meeting. No Selectman reported encouraging anyone (town clerks, assessors, registrars etc.) to attend, receive training and assure a full count in their town for the next census.
B. Hazard Mitigation
Jean reported that Lyme, Old Lyme, Old Saybrook, Deep River and Chester
Have submitted their plans and have received a letter of approval from FEMA for their plans. Killingwoth, Clinton and Westbrook have yet to take actions.
Essex is in process.
CRERPA applied on behalf of the region for a grant to evaluate the structural
integrity of the designated shelters. The grant was denied because some towns
have not approved their plans.
Linda mentioned that having a plan in place accelerates applications for
hazard mitigation money and reduces the cost of flood insurance.
C. Transportation
Transportation will be considered by the MPO.
IV. Old Business
A. Emergency
Management
Mary Rose Dubarek reported that the proposed by-laws for Regional Emergency Management Planning Team for Region 2 are being shared. They would like affirmation from each CEO if they are comfortable with the draft. The governance body of the Planning Team is the 30 elected officials in Region 2. It is difficult to meet. Region 2 includes five RPOs. The steering committee includes a representative of each RPO and six Emergency Management Directors. An attempt is being made to keep all by-laws similar among all DEMHS regions..
Jean Davies stated that the process is a reconstruction of the 2001 process. It is being reinvented and new committees are being appointed. There will be a meeting on September 26 to go over the by-laws with Commissioner Thomas.
Chairman Pace asked her to send a reminder.
Chairman Pace reported that Old Saybrook hosted the New England Police Chief’s Association meeting on 9/11. There was a Med- Evac tent, a session on school violence and new protocols. The new protocol is “Take ‘em out”. The locals are responsible.
Linda mentioned that she does recognize the need to include health, fire and police. Region 2 has been promised about a million reimbursable dollars. No RPO is willing to be the lead agency.
Noel Bishop mentioned that the meeting on September 26 will coincide with the CRVCEO meeting that he is hosting in Westbrook at noon on the same day. Mary Rose suggested that it might be added to the agenda. It was agreed that that can be done.
B. HHW
Janice Ehle-Meyer asked that, as usual, a tipping fee be established to enable CRRA to pay the host community a fee of $30,000 and to support the regional coordination with $28,000. Dick Smith moved that the LCVSA empower the CRRA to determine the fee per ton that is necessary to pay both the host town fee and the cost of the recycling coordinator. The motion was seconded Willie Fritz.
Phil Miller asked if the host town fee in being increased. He had heard that other host towns are asking for more money. He was assured that more money is not forthcoming. The motion was unanimously approved.
Janice distributed data on recent HHW collections and added that participants appreciate the service.
C. Ad
Hoc Committee
Chairman Pace noted that the AD Hoc Committee that met with the ETD included three Selectmen. He asked that two of the same people serve again to facilitate the separation agreement between Brad Beecher and the ETD. Noel Bishop and Dick Smith agreed to serve as liaison. Willie Fritz moved that Noel Bishop and Dick Smith serve as liaison with the ETD. The motion was seconded by Tom Marsh and unanimously approved.
V.
Other
Business
A. Legislation
Among the new legislation there is a provision for shoreline towns to prepare to respond to emergencies involving liquefied gas facilities.
B. ECS
ECS Director Paula Ferraro left word that the ECS will host a meet the candidate’s event on Saturday, October 27 at 9:00 AM. Invitations will be sent to all First Selectman Candidates in the nine towns.
Please let Paula know if you are able to attend the ECSI for a wine tasting and auction on Sunday, September 23.
C.
Representative Courtney
Ellen Paul announced that Rep. Courtny is back in Washington after spending the month of August in the district. The order for a new sub was $1,000,000 low when it was passed in the Senate Committee. There is hope that the 8 Mile River bill will pass in the Senate this month. The College Cost Reduction Act should help reduce student loans.
The meeting adjourned at 12:08 PM.
Respectfully submitted,
Timothy C. Griswold, Secretary