November 14, 2007
Minutes
Attendance
Chester:
Clinton: Willie Fritz
Deep River:
Essex: Phil Miller
Killingworth: Richard J. Cabral
Lyme: Ralph Eno
Old Lyme: Tim Griswold
Old Saybrook:
Westbrook: Noel Bishop
ETD: Doris Sanstrom, Chair
ETD: John Forbis, Treas.
Staff: Linda Krause,
Guests: ECS Director Paula Ferraro, DOT Transit Administrator Mike
Sanders, Kate Beecher, Mr. Manville, Lucy Eno
CRERPA Chairman Bruce Edgerton
Chairman Pace was in court on behalf of CRRA. Dick Smith is on vacation. It was believed that Tim Griswold may also be in court for CRRA. Since no officers of the LCVSA were present to assume the Chairmanship, Willie Fritz moved that Phil Miller preside over the meeting. The motion was approved by acclamation.
I. Minutes
It was agreed that since Mr. Cabral has been sworn in but has not yet assumed the office, a quorum was not achieved. The minutes of the October meeting were therefore tabled.
II. ETD Update
Speaking on behalf of Chairman Pace, Linda Krause provided a list of outstanding questions including: How much money has been spent? What expenditures are anticipated? What is the status and mood of the ETD staff? Dick Smith is particularly concerned about determining the towns’ financial responsibility for incurred ETD expenses. How much of the funding is supplied by DOT and/or the
Towns?
Noel Bishop asked if the busses are running. Are they clean and on time?
John Forbis replied that the busses are running on time. Ridership is being maintained. He met recently with Ricardo and is now collecting information for reports. Pricing has been adjudicated. He and his staff are attempting to understand the overlapping grants. In answer to last month’s budgetary question, Mr. Forbis circulated copies of a sheet entitled “Extra Expenses through 10/31/07”. He allowed that a copy could be kept for the record but asked that all other copies be returned.
It was established that the information is public and the sheets need not be returned.
Tim Griswold arrived. A quorum was established.
John Forbis noted that money has been saved by not paying an Executive Director. The ETD has an additional $20,000 to $25,000 of income from advertising. The extra expenses are only about $22,000. The Human Resources consultant is to be another $4,500 and there is an existing line of credit.
Phil Miller proffered his understanding of the situation that the ETD is an independent, autonomous body. The CEO of each town is the appointing authority only. ETD agendas and minutes constitute a public record. The appointing authority is the first Selectman, not the board. If the CEO feels that the actions are egregious, the appointee could be removed. He feels that the burden of proof would be on the selectman. He turned to Mike Sanders as the authority.
Mr. Sanders noted that he is not an attorney but transit districts are legally construed as municipalities. The district is the member towns.
To exemplify he said the town of Westport is a one town district. A lawsuit from the 1970s alleging that the district had put a taxi company out of business was recently settled. The litigants are dead but their heirs were awarded 1.3 million dollars, payable by the town of Westport.
Similarly, the case of the Bridgeport Transit District involved a hands-on approach by the transit board and suspicious activities of the board were ultimately noted. In that case, the DOT threatened to close the facility and the towns did appoint a new board. A majority, in that case 3 of the 4 towns, had to agree.
Half of the Transit District’s budget is federal money administered by the State. Sanders noted that the DOT is very patient and is willing to give any board enough rope to be able to improve ops and reporting requirements.
Acting Chairman Miller asked for a consensus to allow the attorneys to work the matter out.
Linda Krause asserted that there are two distinct matters. The case of Brad Beecher is in the hands of the attorneys. The towns must be concerned with the current operation of the ETD. Employees have come to the CRERPA office and voiced various concerns. Cleanliness is a concern. Could DOT look into the current operation?
John Forbis noted that at an August 7 meeting with the ETD attorney, three people, John, Doris Sanstrom and Virginia Zawoy were authorized to administer the ETD. They are in the process of establishing avenues for more systematic checking. He noted that the ECS reserved the right to run a survey of rider approval. It will be matched with a Vista survey.
Phil Miller asked for an assurance of safety for whistle blowers. Mike Sanders cautioned him that the term Whistle Blower has a specific statutory connotation. Phil amended his request to a safe environment for complaints and the disclosure of unfair practices.
John Forbis assured him that a safe environment exists.
Noel Bishop referred to the suggested operations plan. Can it now be circulated? Is the board focusing on the next step with an executive director?
John replied that they have hired a Human Resources consultant. He has a two step process. The first is to create a handbook that will establish policies. John reported that three people are preparing a draft answer to the suggested plan to be reviewed by the Human Resources Director.
Linda asked if the Selectmen had somehow authorized the hiring of the human resources person after the meeting when they asked the ETD not to expend the extra funds. John agreed that the Selectmen had not.
Willie Fritz noted that the hiring was not included in the budget that was presented to the towns with the ETD funding request.
Ralph Eno commented that the job of the Executive Director is being retooled. He noted that actions are being taken that need to be headed off.
Phil Miller repeated his belief that the ETD is an autonomous board. It can act and it can spend but then must answer to the Selectmen.
Richard Cabral agreed that it is best to head certain actions off. Sooner rather than later.
Kate Beecher asked to be heard as a member of the public. She reported that drivers stop Brad and complain about the uncomfortable environment. She urged Selectmen to talk to the drivers and the office workers.
The FOI hearing is scheduled for December 6. Mr. Beecher is seeking reinstatement of employment with back pay.
Noel Bishop called attention to the amount of time that the Selectmen have devoted to this matter. He asked that Chairman Mike Pace be delegated to receive a weekly update.
Mr. Cabral noted that personnel matters should be handled in Executive Session.
Ralph Eno has serious ongoing concerns about the process. He asked if DOT is equipped to take over if the situation deteriorates beyond return.
Mr. Sanders explained that in the Bridgeport case, the DOT hired a transit manager. All other employees stayed. The debts created by the old board stayed with the district municipality. Mr. Sanders mentioned that he oversees 450 agreements. The Department cannot micromanage them all. Connecticut Transit is wholly owned and must be managed in house. The main concern is that the customers are getting service. All districts must meet reporting requirements. The ETD is among the top three delinquents.
John Forbis replied that when they reviewed the correspondence in August, he noted that requests for reports were dated February, June and August. He asked Linda Krause to report specific issues. She replied that people who come in here are afraid of him, of Helyna, and of Paul.
Doris Sanstrom noted that she is in the office every day and that no one has complained to her.
John will explain later how protection of employees will be carried out.
Doris mentioned that they are busy trying to understand the grants.
Mike Sanders stated that he has not been able to determine who is wearing a white hat, who is wearing a black hat or whether they are all grey.
John and Doris both reassured the chair that people can come forward without fear of retribution.
Paula Ferraro asked if Senior Resources still requires a survey by the ETD. She believes that they are quite stringent in their requirements.
Mike Sanders referred all parties to the Section 53-11 report of how the state will manage federal funds. It states all policies.
Paula asked if the lack of reporting has resulted in the withholding of funds.
It has resulted in withholding 10% monthly.
Paula asked who is responsible for collecting and submitting the information.
Is it included in Helyna’s job description?
John Forbis agreed that it is Helyna’s responsibility but that Brad had not made an issue of Helyna’s performance.
Administrator Sanders stressed that he is looking for data from this date forward. He is not interested in after the fact estimates. He was assured that numbers would be accumulated starting on December 1.
Jean Davies noted that as Transportation Planner for CRERPA, she has worked with both Jim and Brad to establish links with Middletown and Niantic. In addition, an update to the LOCHSTP plan will be forthcoming. She will attend the meeting to keep informed, but until the ETD office management status is resolved, future planning for projects will be on hold. Mike Sanders agreed that, “the first rule of holes is to know when to stop digging”.
John Forbis announced that as a promotional effort for the new Niantic route every senior person within three quarters of a mile of the route will be called and told about the service. When Linda Krause mentioned that this is not a senior bus service, Mr. Forbis explained that they have been asked to track the service to seniors and people with disabilities. Mr. Sanders agreed that the effort to erase the perception that service is only for seniors is sometimes at odds with the federal reporting requirements.
In closing, Mike Sanders questioned whether the income from advertising is reflected in the budget as submitted to the state. He explained that the money did not belong exclusively to the ETD. Since the advertising began in March of 2007, it definitely should be reflected in the 2008 budget. It has an impact on the operating budget.
III. Other
Business
A. Emergency
Management
Linda reported that Christopher Dubarek has arrived. He weighed 6 pounds
8 ounces at birth. His mother, Mary Rose Dubarek is healthy and happy.
Henceforth, Dana Cooper will be the EM contact for District 2. Peter Carbone will continue to serve as the planner.
B. HHW
Janice Ehle-Meyer distributed copies of the Household Hazardous Waste
totals for 2007 by Town and Collection date and a summation of the
Consumer Electronics Collection Totals.
Janice reported that the numbers are up. There were fewer collections this
year, but more waste was collected. At each collection, about 15% of the
people were first time participants.
Two extra consumer electronics collections were held in addition to the two
collections sponsored by CRRA. Clean Harbors proved to be far too
expensive. Clean Harbors figures the charge by the pallet. Collection
records were kept by household. A household per pallet calculation was
done to reconcile the two figures. Discussions are under way to use the
CRRA contractor next year. The HHW sub-committee of Tim Griswold,
Willie Fritz and Tom Marsh will help with the negotiations.
Tim asked about stockpiling. Legislation will allow stockpiling of electronic
equipment at municipal sites by 2009.
Janice announced that two large amounts of asbestos were received. On
October 20, the equivalent of 21 household of asbestos were received from
Old Lyme and on October 27 another client arrived with the equivalent of
25 households of asbestos. She reported that there is $3,700 in the SLAM
fund. Should it be applied to the asbestos? It was agreed that it should be
and that a policy should be established for future situations.
Janice reminded the Selectmen that the old voting machines should be
properly disposed of.
C.CRVCEO
Phil Miller announced that the CRVCEO will meet here on Wednesday, November 28. Lunch will be supplied by CRERPA. Gian Carl Cassa of CCM will be the speaker.
D. ECS
ECS Director Paula Ferraro invited the LCVSA to meet and have breakfast
at the ECS on January 9. The invitation was accepted.
The meeting adjourned at 10: 10 AM.
Respectfully submitted,
Timothy C. Griswold, Secretary