Board of Selectmen - Regular Meeting

Okay. All right. Good evening, everyone. I'm going to call the this regular board of selectmen meeting on March 2nd, 2026 at 5:30 p.m. to order. We are meeting in the town memorial town hall meeting hall. With me at the table is Selectman Jim Lampos and selectman John Misham. And uh we have a member from the press here from Limeline. and we have some members of the community. We also have uh Marielen Basham online who's going to be doing a presentation for us later and also we have Mr. Mano who is going to be presenting to us as well from the ethics commission. All right. [clears throat] So, now that we've gotten through that information items and communications and correspondence, um the only thing I have is a I did get um correspondence today from Valley Shore Emergency Communications, and they gave us their rate for the next year, which is about $3,500 less than what we have thought. So, that's a nice savings for the board of finance, which we will tell them about tomorrow night. And um the other communication I received was the Deck River Garden Club, and that's Mary Ellen's presentation. So, I'll just announce that when we do that presentation. So, we're going to uh start with um Anybody else have um communication correspondence?

Oh, we've had a lot of talk about snow. Yeah, I I did have a call from a resident on or an email from a resident at five a five avenue F. I think he received it also. Also, I spoke to someone on Hickory Street. Same uh same problem. The snow was piled in front of their driveway not allowing them access of their vehicles. Uh the larger issue was uh the response that they received from the public works director.

Okay. I don't think I saw the history sheet one, but I'll mention it. I know that we did get that that person the person the first person you mentioned actually wrote back though and said that they she appreciated that he had gone to the house and had worked with her father on that situation. So she was happy again. Do you have any correspondence? Nothing further. Just those snow. Yeah. Okay. So public comment is there anyone? Edie,

um I just wanted to formally submit um this Pulse Road report about the last 10 years in the Halls Road project. Um I'm going to bring in a thumb drive for you guys uh tomorrow. Thank you. And the thumb drive actually has this report, but also uh the all of the files I've kept for the last eight years or a year, something like that. Um, and I don't know whether you want me to go over this with you. It' be great if you guys We're going doing this at our next meeting and this was going to be submitted at the next meeting. So, we'll do it then. Um, but because we have some things to go forward on.

So, um, it was going to be presented and, um, I appreciate you copying it because I had already copied it for the next meeting. All right. Okay. So, thank you and we'll take note. Okay. Thanks. Thanks, Edie. Where does all the stuff go that is um for the record? Where is it? How is it? It was somewhere or this goes in the back of our meeting minutes. So, Jen will take a copy. I see. And she will attach it that it was appointed, but that's where it goes. Um and this will also go in, of course, the Halls Road box of items that we've accumulated over the years.

Good to know. Okay. And if I bring back the um thumb drive tomorrow, you want me to just leave it with Katie or Well, yeah. What actually will happen is if you give it to Michelle, put it in the IT director's box, then they will they're been doing is transferring everything over to the Z drive so that it goes on and then everybody whoever comes in as another any type of thing, they can just go in and look for it. Okay. And that'll be there. So, thank you. Thank you. Okay. Is there anyone else for public comment? No other approval. Okay. So,

is there anyone on the line who has public comment? Thank you, Jen. Okay. Dennis, did you want to say something? Hands raised. Yep. Unmute. Nope. Dennis, you got to unmute. You're still Your mic is still muted. There [clears throat] we go.

There you go. Um, I received the uh the message about our meeting on Wednesday at uh via um teams and the discussion came out about our um treasurer that we don't have on the WPCA and I was going to ask a question and hopefully you can answer it for for Wednesday is because we're a town commission. Can we pulse um the residents in town if they would like to uh become a alternate or a member of the WPCA for bookkeeping purses uh purposes if we can't find a volunteer from the WPCA? Um, I'd be more than happy to address that with you on Wednesday. This isn't

We can't really talk about it. It's not on our agenda today. So, okay. All right. Anything else, Dennis? No.

Carolyn? No. Okay. Kate is on for things. Okay. So, we're going to start with our um any regular board of selectmen meeting approval of minutes. Jim and John, thank you to Jen who brought them to you over the weekend. So, if there anything that you notice that needs to be changed, fixed. Uh, the only thing I see on page two, Jen, under town council, it should be Susman and Shapiro. I looked it up online. It's not there's no amperand. Unless Okay, that's right. You're right. It doesn't. Okay.

It just has two lines like weird because of the way they do their logo. Okay. Um

anything from either of you? I didn't see anything personally. I didn't think I saw anything besides that. I'll make a motion to approve the regular meeting minutes of February 23rd, 2026. Second. Okay. Any further discussion? Hearing none, can I call for a vote to approve the minutes from February 23rd, 2026? All who are in favor say I. I.

Any opposed? Any abstensions? Unanimously passes. Thank you. Okay. Duck River Garden Club. Mary Ellen Basham is online and um Mary Ellen, I'm gonna let you go and then I'll just read my communication from Leslie afterwards.

Great. Thanks. Thanks, Martha. I appreciate it. Hi everyone. Sorry I can't be there in person. I'd rather be, but um here we are. Um that's why I'm grateful for the online option. Um, so you guys should have gotten an email from me with the CAFA application and then just another small like it's really more pictures of what the byway markers look like. Um, so essentially what I'm asking is that um, the historic district commission, they didn't really seem hot on the idea of having the larger um, memorial markers. And as an alternative, these byway markers are smaller. Um, they're um, a good compromise, I think, than for the bigger ones. Um, and we are trying to get an approval to from you guys um, for these in the front of town hall. Um, there's a couple options of where we might want to place them and I'll go over that with you in just a second. Um, but they um, and we just want to have as an option as one of our options. So, if you guys like them and you're on board with it and approve it, then we can bring it to the historic district commission and then they can decide whether or not yes or no that they want it. And at least it's an option for us. Um, and if you look at the the sheet that I gave you, it just gives you a really brief example of what the byway markers look like. And they look really big in these pictures, but they're actually pretty small. Um, and if you scroll all the way down to the page, you'll see um a picture of everybody in front of the memorial um in front of town hall that's already there. Um if you were if you were to

look at the flag pole, there's a little like plaque there. And that's just roughly about the size of what these markers look like. I mean the the size of them. You did provide us with the size of 11 by 20 11 in by 20 in. So yep.

So um yeah. So, we we actually the the two places that we're thinking about um are where our state our state is already and that's where the um the old line um signage is. So, that's why you see a picture of that. So, we maintain that little path of um area there. And so we were considering putting one, you know, on each side or or or a configuration in that area and or where um if we wanted to incorporate it in the existing um memorial. I don't know if perhaps maybe they could be either put under or over whatever this plaque is here. I don't know what that plaque is. I don't I can't recall. Um, but it would look pretty good if it was mounted alongside with it. Um, so those are the kind of the two ideas that we had and we don't we haven't really gotten to the weeds about like do we want it mounted on like a brick post or the rock post or in the ground. I think it was just a trying to figure out like if these signs would be a good alternative to the larger signs in front of town hall and so that's and everything else is the same. I mean, the pricing is different and things like that, but it still stands for everything the same. They're just an alternative to the larger ones. So, I'm happy to answer any questions. Um, and Martha, I know Leslie had said, um, she was looking for alternative ideas for you, too, like other things. So, I'd be happy to hear about that also. So, uh, the notification, the email that I received from Leslie last Friday was she consulted with the club's executive board, the Duck River Garden Club's executive board last on this particular matter. And the consensus is is most important to have the flexibility to commemorate our memorials with the town's America 250 schedule rather than to be fixed on a certain location for

the memorial. So, they would appreciate our approval. Um, and we'd like to do it at town hall. Um, and then to see if we can find an alternative if on Monday when next Monday. Monday, right? Yeah. I was I was so happy that they changed the meeting. I was like, that's so great. So, yes, next Monday.

So, historic district meets Monday. If they will not approve this to be a town hall, we need a step an alternate location because um what they want to do most importantly is order these because these are like a fourmonth wait. So they would like to get these going and um they're willing to do that for us. So basically what we're looking for is approval of this for me to sign the certificate of appropriateness. We're currently to put them on this property. Um, and then if they turn us down, then we have to find another spot in town that would be appropriate that is not in the historic district.

So, would this um [clears throat] alternate spot be also with smaller markers or would we go back to the large markers? I think the Duck River Garden Club at this point has now rebudgeted the money for the smaller markers, but you can tell me, Mary Ellen, [clears throat]

I was actually um right before you asked that question, I was thinking the same thing. If it was an alternative site per like let's say it was still lane, um I think the larger markers would be better there honestly. Um but that's I think it depends on the site really. Um, and [clears throat] I know there is not a lot of choices. So, um, I don't know that I I really don't know the answer to that. I think it would depend on the site and I think we would have to revisit um what we would want to do.

So, we can place them anywhere on townland, which we would I mean townland that we feel is appropriate. My feeling is we go forward and and think of various options if the register turns down the smaller signs. But I think I think we can assure the ducker garden club that we are going to place them somewhere in town. That's my feeling. Is the north green I know we've gone over this. It is historic district. And my biggest concern about the sill lane or the um

also the historic district mentioned the last time maybe we could put it the B road firehouse but the B road firehouse is a driveby and nobody's going to see them. It's not a walking venue. People are not going to notice them. So I find that not the best spot in this town to and park doesn't really have a good entrance that you could No, but we have Cross Lane which is near the firehouse. We have Cross Lane. We have um we do have Hannes Park. We have Town Woods. We have the uh senior center transit hub. Sound view best pocket park police station there. Police station too.

Police station. So and they have a garden. The G River Garden Club has a beautiful garden at the police station too. So we I think we have options for these if they say no to the front of town hall. can't imagine how you would turn down a plaque 11 by 20 in front of Memorial Town Hall, but I would definitely approve that. Um, and I would approve installing the larger markers in any of the sites we just mentioned make most sense at Sil Lane, but there are alternatives. We can't do S lane though without the his another COA, right?

And that's more money for the Duck River Gardening Pub, too. Again, They I mean they were ready to spend that having them here. So to me that's really not Well, have they changed the financials, Mary Ellen? Um no,

we haven't really changed anything. I mean, obviously the littleer ones are less money, which is great. Um I think and and we were you know ready to kick off um oh like a campaign to um fund the larger ones and my battery's going to die so I have to plug in. Um so I don't I I think it's just um Hold on your your pause your Can I Can I have to look at the application while we're Sure. I'm sorry. I thought you got it. You did get it. I did, but I didn't have to print it out.

You're back on. We lost you there for a minute. It's okay. [laughter]

Um, so yeah, if they were going to go, you know, if if you like the idea of having the smaller ones in front of town hall and the historic district commission was like, yes, we think that's a great idea. I think that we would ideally go with that route because one, we really do love the idea of having them at Memorial Town Hall because the history is just significant with the program and um so I think we would just go with that. If they said no, no, we just, you know, really don't, it's really redundant. Um then I think we would have to take a minute to say all right, where are we going to put them? What makes the most sense? And I mean that would just be probably a conversation we could just have with a group of people like in a day and and kind of go through it. So then of course we would have to get back to you and and and say this is sort of where we want to put them and this is the ones that we're going with. Um I I think if it's like at the transit hub or like Seline um one of those places where they really need to be visible then we would probably go with the larger ones. Um maybe if it was at the police station um maybe it would just be something smaller. I I don't know. We would have to discuss it again.

Okay. I think Leslie was trying to figure out I think she I think what she wanted to know from you specifically was that it sounded like you had had mentioned that you you had some places in mind and I think she was wondering where those specifically were. Well, some of the places that I just mentioned.

Yeah. But basically any town land, any t town roadway where we have a right of way, we can um place them. So just can't use 156 Boston Post Road. Um but anywhere else that is visible and would be readily seen, but also, you know, doesn't interfere with traffic or safety.

Exactly. Yeah. Um, [clears throat] I think that, um, we can continue to put our hats on, but Marielle, maybe over the weekend, the next week, you could have a conversation with the executive board to see if they veto the smaller ones at historic district on Monday. Then, do we go ahead? Do you want to go to the big ones? And we will find the three of us will agree upon a spot for you. But you just need you just need to let us know if this gets vetoed on Monday, are we going big or small? And then once you do that, we'll give you some spots to choose from.

Okay. Yeah, that sounds great. Um, and I'll actually talk with her about that tomorrow and we'll we'll come up with um Oh, you're frozen. Is everyone frozen? We aren't. Dennis looks frozen, too. Nope. Dennis is not. Mary Allen, you're frozen. So, she's rebooting. Sorry. Oh. Oh, no. We have you back. Oh, yours now. Back.

You're back. [laughter] So, so I think the the the smart play might be to have this first for the historic district since seems like this first choice is the town hall. And I would have some answers ready or some choices ready for them as far as the backing if they wanted brick or stone. I myself I like the the stone.

I do too. Um, but I think it might also be smart to have another application ready for the larger uh markers for Sill Lane as as an option. And if they both fail, then uh it'll be another week until we're together and we can uh come up with an appropriate place to do something. Yeah, that sounds great. And just to clarify though, they they don't have um jurisdiction over that part of Sill Lane. They have it at

they told me that they didn't. They said if you go down to still lane, they don't care. considered a town green as far as I know that it's beyond the historic district goes be just to the road that does the cut over to Sill from Boston Post that that's the end of the historic district because the house across the street is considered in the district but I can do a check tomorrow with the assessor's office. I can do that and find out for sure. You're frozen again. Yeah, something's going on with her.

Well, if it is or isn't, we'll have a a solid answer by Monday for sure. So, tomorrow I'll know if it's still. So, Either way, um, in in my mind, that's the steps to take. So, I think our our the motion that we need to do is that it's that you both approve of me signing the CO of A um to the historic district. That will I will email them tomorrow. And then from there, we have to put our thinking caps on. If they deny us,

I'll make a motion that you sign the CFA to install the smaller blue star gold star markers in front. Okay. Second. Great. Any further discussion? Do we want to specify the backing material as I would prefer stone? Yeah. I I would Can we amend the agenda to be put on stone versus Edone? think the brick is appropriate here because there really is no other brick facade area. Restated.

I'd like to make a motion to uh for you to sign the CFA to install blue star gold star markers installed on stone in front of town hall. Second. Okay. So, we've got amended motion. No further discussion. All those in favor of me approving me to sign the CFA, please signify by saying I. I. I. Any opposed? Any abstensions? Motion passes. Thank you very much. Okay, Mary Ellen, we'll see you Monday. I'll sign it and I'll get to Martha Hansen tomorrow. Oh, okay. I can come and get it from you, Martha. [clears throat] Or whatever you need me to do.

No, no, I'm fine. I'll just sign it. I'll get it and I'll scan it and send it to her. Okay, awesome. All right, thank you guys. Have a great night. I appreciate it. Okay, thanks. Thanks. Bye. Okay, so next up is we have a presentation by the ethics commission. So come on forward. Jane, you're welcome to come to the table as well if you'd like.

Being in the background. So, ethics commission has been working very hard on revisions to the ethics code and Lou came in and met with me last week and um provided me with this book and I've made a copy of it for both of you to go over his presentation. So, you can take it away.

Well, thank you. Maybe for the benefit of the board members I've not met, but I'll just for the record, Lou Mano. I live at 73 Neck Road. Uh I've been on the ethics commission for a little over two years, last year serving as um chair. Um and and thank you for the opportunity to share with you tonight the recommendations that the commission is making regarding the existing code of uh code of ethics. And maybe just some background information before we we wade into the specific recommendations. Um back in starting back in April of 2025, um the commission began a review of the existing code. U there were two objectives to that. One was to see if there were uh any particular provisions that uh were ambiguous, if you will, or could use some enhancement in terms of clarity. Uh the second was to see if there were any voids, if you will, or any additional items that should be included in the code that were not present. Um in order to do that, we looked at six other uh jurisdictions, six other towns, uh and looked at their codes. um Essex, uh East Hatam, Old Sabbrook, Deep River, um Portland and Stratford were the six towns um randomly selected and they were what we had available to look at. So we we utilize that. The other um um aspect of the review was the um anecdotal experience of the commission members in administering the the uh the code uh and um reflecting upon either issues that have come up or circumstances that were decided well that could have used a little bit more clarity. Um so that was the process. When we um went through that process, at the end of it, we came up with recommendations involving 11

provisions. Uh and just to give it some context, the code has nine sections or nine chapters, nine sections if you will. Um in total those nine sections and cover probably cover about [snorts] over 70 perhaps 80 different provisions uh that are within each of the sections. Our recommendations are focused on 11. Um, and those 11 can be organized, if you will, into three buckets. Uh, one, uh, bucket is administrative or procedural, uh, issues, if you will. Um, meeting schedule, housekeeping, run the day-to-day kind of operations as well as terms of service, uh, advisory opinions and who can issue those. Second uh is language enhancements uh just to increase the clarity to uh give more specificity to some of the provisions that were somewhat ambiguous or illdefined. Um and then the last one was um the addition of um a disclosure requirement and a uh a new definition uh for a term that's a critical term uh in in the provision uh or in the code but was never defined and that's probable cause. Um I would also add that um we didn't take anything out of the code. So other than either enhancing the existing language or adding to uh the code, there was no subtraction or or removal of any existing provision. Once we went through our drill, uh we then submitted our u uh bindings, if you will, or proposed revisions to town council. That's Christy Kelly of Susman and Shapiro. Um, and we submitted those the day before Thanksgiving. She got back to us in January uh with her review and her her opinion. She had two general comments and three

specific uh suggestions uh regarding the recommendations that we had made. The two general suggestions she made were the use of titles throughout the code where there was a refer a he she reference uh to make it more specific and more clear as to who we were referring back to. So instead of a he or she it would be officer, official or employee. Uh so using titles um the second was uh it was more a grammatical thing. I I don't want to minimize its significance because it is important in legal uh realms. Uh when you have a defined term and you're referring to it, it has to be capitalized. Uh there's inconsistencies in the code. Uh and in some of our uh proposed revisions, the drafts. Uh so we're going to the recommendation is to adopt that um or actually adopt both of those suggestions, those general suggestions. The three specific comments that she had with regard to the um uh revisions that we were proposing was one um editing the proposed definition for personal interest to increase its clarity. Again, personal interest was a term that's referred to but wasn't really defined. Second was broadening the proposed definition of immediate families uh to uh make it a little bit more inclusive than the existing definition. And the fourth was or the third rather was to um establish the uh probable cause definition and establish two uh two standards a threshold standard and a higher standard uh for actually finding a violation. So, aside from those particular comments, the G two general comments and the three specific um uh suggestions that uh council made, uh her opinion was that all of the other revisions that were being proposed were legally sufficient and appropriate. And on

February 10th, the commission met to review council's recommendations and her comments and voted to adopt all of them. uh and so the language that you see in the presentation in this in the PowerPoint slides reflect the u u comments and the suggestions she'd made. So they've been incorporated and they range from very simple to more significant. Um [clears throat] I think on the simpler side of this scale would be the name of the code. Um if you look at other town uh codes, the name of the town is always included in the title of the code. In ours, it's simply the code of ethics. So or one of the revisions is to include the name of the town. So it's the old line code of ethics hearing. No objection. I'll move on. So um next one uh next pro provision that we were uh we're proposing to be revised is the definition of financial interest. The current definition defines it as any mon anything anything with monetary value of $100 or more um in a calendar year. I'm paraphrasing a little bit what's there. Um we felt upon review and especially in comparing it with uh other town codes, it was too simplistic and perhaps the dollar value was more appropriate to a definition of a gift rather than a financial interest. Though our recommendation is to uh broaden the definition and the language is that a financial interest means any pecuniary or material benefit acrew acrewing to a town official or employee that results from a contract transaction decision zoning decision or other matter may which may be subject of an official official act by that uh by the town. The other thing that was lacking from the existing definition is a reasonable exemption or exception. And that would

be if uh there is an interest that is the same for the individual who's in a position of making a decision as it is for everyone else or others similar in similar situations or um then it's really not um it's an exception. Okay. Uh there is not a conflict if you will. Next provision that we're recommending a revision to is the definition of personal interest. Uh and here again although it's referred to in the definition of a conflict of interest it's never really defined. Um we u are looking to uh re proposing revision to that so that it removes any interest other than a financial uh interest which could affect the action of the official or employee except if the interest is based solely on the responsibility of the individual's town office or his their employment. Um and then the existing language actually is unchanged. Membership in or affiliation with social or fraternal or charitable service other organizations is not deemed to create a presumption of a personal interest unless the official or employee is an employee, officer, director, or board member of that other organization. The underlined words um it's really more of a visual cue for me. Uh those were the word that's the word those are the words that were suggested by town council. Um and just wanted to recall that they were in there. Okay.

Lou, can I ask a question on that? Yes, please. Sure. Would you want those underlined in the code? No. No, I don't think it's necessary. No. Um as I said, it was really more visual cue for me. act 43.3 for a second under the proposed definition could you elaborate on individuals similarly situated now how do we define that class page six

well one one way of defining would be if a benefit is accured to um all residents of the town you would be a resident I'm res so the different there's not a differential between any uh interest that I might have as compared to what you might have. Would there be any sort of subclass to that or would would we agree that it was generally applicable to all town residents or Okay. So, I'm just going to give an example of what I'm seeing. Okay. How I'm comprehending this. Okay. Um let's say we go out to bid for a contract. Mhm.

One of the low bidder happens to have a connection to the town but also a connection to the company that is the low bidder. Basically, the town benefits because it's the low bid. Right. So even though they might be getting some type of financial gain, they went through the process. Correct. I think that would be a correct interpretation. Yeah. Okay. And yes, I think we left off a conflict of interest avoidance.

So the current language says that uh public officials, employees, etc. um shall seek to avoid the appearance even the appearance of impropriy as it relates to this section. And we think that's all fine and good. Uh and we would maintain that. However, we think it should go a little bit further in that um the wording that you see italicizes what we're suggesting that in addition to avoiding the appearance, individuals should also be required to use good faith efforts to disclose any potential potential conflict of interest when acting on a matter in their official capacity. So it's uh just we think enhancing current provisions gift um the current definition is anything of value including entertainment, food, beverage, travel or lodge given or paid to a public official or employee to the extent that consideration of equal or greater value is not received. And then the code then goes on to uh specify 13 different items that are not considered gifts. We would maintain that. We're not changing that. Um, but what we are suggesting is one stipulating that gifts are not permitted right up front. And so the proposed definition will be under the code, gifts, gratuitities, and favors are not permitted. And a gift shall mean anything of monetary value, including services in excess of $100 cumulative in any calendar year given or paid to a town official employee to the extent that a consideration of equal or greater value is not received. So similar in essence to the current provision, but just a little bit more straightforward. And we're using a dollar threshold. The next one is immediate family. Current definition any spouse, child,

parent, fiance, sibling or dependent relative. Um commission felt that that was lacking. Um and that it should be a little bit broader especially when we benchmarked it against the language used in other other town codes. Um and also there was some ambiguity. I mean technically a fiance is it a member of the family until the marriage is um and dependent relative it could be you know is it an IRS definition is it a common uh English definition um so there was some ambiguity there so we we borrowed some language from other codes and we added um stepchildren stepg grandandchildren and council added steparent to go along with that that's um consider consistent but broader. Okay, the next one is probably in my opinion at least is is probably the most material um addition. Um and it's probable cause and bear in mind probable cause in a civil sense is much different than in a criminal or or a different context. Um and it's used repeatedly in the section in the code espec especially in the code on what conflict of interest is but it's never defined and it really should be defined uh because it is a critical provision. So council was very helpful in this regard providing us with language for the threshold standard uh which would be the standard for making a referral for a hearing. Um and the language she has suggested which is consistent with Black's law dictionary um it's common legal reference is that probable cause for making a referral for a hearing by the commission exist when a finding that the backs of the matter complained of provides reasonable ground to suspect that a code violation may and may is the operative word there have

occurred. Um that would be the threshold for making a referral for a hearing. the standard for finding that a violation of the code has actually occurred um or uh is a little bit higher and that would be further a violation of this code shall be established only upon clear and convincing evidence sufficient to produce a firm belief or conviction as to the truth of the allegations. Um and the burden of proof shall rest with the complainant. That would be the proposal on probable cause. Is that consistent with other towns?

Yes, fairly much so. Yeah. And as I said, consistent in uh council's opinion um legally sufficient and consistent with the common reference they would use the blacks law dictionary. Disclosure of information. Um this has to do with conf confidentiality of information primarily. Um the current language uh concerns information that relates to the fair affairs of the town. So that no public employee or official shall disclose or use confidential information concerning the affairs of the town for the financial interests of the employee or officials. And we think that's fine. However, we think that an individual or an actual person should be accorded the same confident treatment of confidentiality as the town is. So, our recommendation and proposal is to include the term individual in addition to town so that actual persons are protected uh in terms of the disclosure against the disclosure of personal information. That's typically would be considered confidential. Right. The next few we'll go through, but I I think they're primarily um administrative ones or housekeeping kinds of uh provisions. Um the first being the uh appointment of alternate members. The current provision says that ethics commission shall select three alternates to include members of different political parties and or unaffiliated voter voters. Um, an alternate member may act in place of an absent or disqualified ethics commission member pursuant to the section of the code. What's not in the um definition is term.

Uh, it's silent on that. Uh, so our our recommendation and our proposal is that the term of office for alternate members would be the same as the term of office for regular members of the commission. Again, not taking anything away, just adding to um and we must remember that ethics and points their own. So we the town does not appoint right. [clears throat]

The next one relates to the position um of the ombbudsman. Um I wasn't here at the um you know formation of of the commission um or its early stages but um so I I'm not sure exactly the rationale for it other than uh this is a um a position that employees or town officials can uh contact and request an advisory opinion from. um the um ombbudzman doesn't have a term of office similar to to the alternate members. It's um but in this case it's specifically stated that there is no term of office. They serve at the pleasure of the commission and uh then it goes on to explain what the role of the ombbudsman is. So we're proposing three things uh rel relative to this particular provision. one that there be a term again that's like the alternate members similar to regular members. We're not sure why they just don't have a term um or what benefit it provides uh to not have a term. And then uh we're proposing that not just offici public officials, officers or employees but again individuals uh be allowed to or that the code permit individuals to seek an advisory opinion from the ombbudsman. In practice, what happens also and this leads to the next um um part of this proposal. Um emails might come into the commission and the commission um responds to that email. Uh it doesn't bounce it back to the ombbudsman. Uh it just seems an unnecessary step uh in the process and uh a delay in getting a response back to the member of the public who's raised the

question. Uh so we are proposing that the commission uh be al can also be a recipient of a request and can also issue an advisory opinion in addition to the ombbudsman and that if the ombbudsman for any reason isn't available to render an advisory opinion that the commission could do it on his or her behalf or on that person's behalf. Let me state it that way. And what would be the determining factor between the two? Between the um how do you mean the two? I'm sorry. Well, what would what would be the deciding factor of whether it came from the ombbudsman or from the from the commission itself?

I think it's just who it's directed to. Uh if an email came to the commission directly, then we're we're suggesting that, you know, commission should be able to respond and issue an advisory bid. I mean, that's what we do in practice anyway. Um if it goes directly to the ombbudsman then the ombbudsman would fulfill their role. Does the ombbudzman have any special qualifications listed in the uh

not in the code? It doesn't specify. No, just that they be um you know resident um yeah and meet the same criteria as a commission member. Yeah. Um, as it turns out, the current ombbudsman is at an attorney, not that's just happen stance. The next provision and the next proposal is the uh has to do with meetings of the commission. Um, again, we're not changing anything. We're just adding some specificity to it. Um current provision states that the commission shall meet annually and elect a chairperson, vice chair and secretary and meeting shall be held at the call of the chairman or three members of the commission or at any other such uh time as the commission shall determine. Uh we're saying um commission shall meet regularly at quarterly intervals and additional meetings should be held could be held uh at the call of the chairman or three members as it's currently stipulated. Um and at the first quarterly meeting is when the uh officer that the commission would be appointed. Those are um that's the sum and substance of the proposed revisions. Next steps um and I've got this you'll see in front of you there's two boxes. Uh next steps would be to get the the board's endorsement and the town's endorsement of uh those provisions that require external approval. Uh and I say those provisions that require external approval because the code gives the commission um authority to amend the code or adopt rules of procedure if you will uh that have to do with the administration of the code or um the oper implementation of of the code. Um, our assessment of those that are would be considered uh administrative include the name of the code, the grammatical

changes that I mentioned earlier that I should have specified in this box, but uh using uh titles for he- she references uh and the punctuation uh the gift language u because we haven't changed anything. We're just setting the the um stipulation a little bit differently. Alternate member terms, omatesman terms, direct provision of advisory opinions and the meeting schedule and election uh of officers and the timing for that. Ones that are more substantive and would require approval at a town meeting would be financial and personal interest definitions, the conflict of interest disclosure, immediate family definition, probable cause definition, and the non-disclosure of individual information. I think as a matter of practice and Mark and I discussed this um since we're proposing 11 revisions in total and even um you know the the um commission's ability to amend certain administrative rules directly notwithstanding we think at a town meeting we would present all of them uh with a note that you know some the commission can adopt or you know on on its own accord uh but the others that require ire town approval would be yeah stipulated. So um I guess entertain any questions you might have but that would that's what we're seeking is board endorsement of the proposed revisions and the process in terms of next steps. So, I well, we've met we went over this for about an hour last week, but I think I said in the meeting, too, that I believe that even though you have the approval permitted because it's all stated in the ordinance that we currently have,

I think all of it has to go through a town meeting. Yeah. So, I don't know how I don't know where it divines that you have these as commission approval. I I'm going to have to read it again, but I would suggest that it just goes the entire thing goes to a rem okay town ordinance return.

Basically, it's transparent. It's more transparent. It's keeping everyone in the no. I know you're going to present it as such, but I believe that the town has to vote on it all because it was in the original ordinance. And so any changes that you make as far as adding new member terms, things like that, just so that it's followed up and then it's there even though you have the guiding practice of naming who you'd like for all those positions.

But Jim and John may have a different viewpoint. Basically what Lou is asking us today today is to approve these changes, approve them to go before a town meeting uh which we will have in the future. Um making sure that we're all in town. [laughter] Right. Right. If I could just follow up on your comment. Um I think for um maybe u I would suggest I I don't disagree with what you're suggesting Martha but I I think it might be good to get Christiey's read

on you know what what would you consider to be from a legal and technical perspective administrative versus substantive because it u it would add some clarity to the code or our understanding of the code because the code does have that language granting authority to the commission to um amend. Um so I think it would be helpful to get some guidance there. Okay, I will I'll be more than happy to reach out to her and find out, but we still have we know that we have to go I we'll we'll check it out. Any questions from John? Jim?

No, thank you. I'm sure that certainly a lot of work put into this. It looks very exhaustive. Uh I've only had a short time to look at it. So uh I mean I would be in favor of letting this uh give us some time to review it until our next meeting and then for a vote at that time. That's fine by me. That's okay with me. So we would just wait two weeks so that John and Jim Okay. feel that they can digest it. Do do you have a time frame on this loop in terms of needing an answer from us? No. No, no, not necessarily. And we just would Yeah. I think the only time frame would be in advance of the next town meeting.

Yeah. So, but yeah, if we could do it by next meeting of the board, that would be fine. Yeah. Yeah. Okay. So, we'll definitely get it in. Okay. Okay. That'd be great. And if Lou, if you want to, you could just um maybe if either of you know you're going to have more questions for Lou, ask tell me. And then two weeks from now, I'll just ask Lou to dial in. Okay. And and then we would be able to ask those questions. Okay. Yeah, sure. But you don't have to come before us again. Okay. That's fine. And that'll save your time. That'd be fine. Um and maybe if we can have that dialing capability, maybe another other commission members might want to participate as well. That'd be okay. And I can probably have an answer from Christie at that time as well.

All right. Great. Okay. Thank you for your time. Appreciate it. Thank you. Thank you. Okay. Nice to meet you. Thank you very much for your time today. Oh, you're welcome. and last week and all the work you've done on this. You're welcome. I appreciate it. Okay, moving on to old business. John, I don't know if you received the draft today.

Okay. Um so taking some of the information that we've seen from the other towns um we are trying to put together a draft. This is a draft form only. Um certainly if there's changes uh we took from uh John had indicated that he'll he thought the Westbrook one was great and the fact that they had the diagram of the measurements where the um truck post mailbox is supposed to be gives you very specific instructions on how to set up your post. And as I was driving to work today, I was noticing how some very differently put up. And then um we kind of went through this and like I said took the best from Westbrook, Stonington, Waterford, things that we thought and um Katie drew this up for us and this is where it is. We have not um talked to Ed about this completely. He hasn't read through the entire thing. So, I would strongly suggest we probably should wait until he sees this, but we're certainly looking for your feedback as well. We can move this to next week. John, if you want some more time to review this and get Ed's feedback, I don't think that we need to have a boat on it today. We don't expect to see any more snow in New England for the rest of the season. So,

or you just doomed us. So, we're just going to pretend that that is um so I can put this off until two weeks from now. But is there any initial reaction at all? Uh it like you said, it closely resembles the policies that we've already had time to digest and uh I'm in favor of it. So, if you want Ed to take a look at it, that's that's fine with me. Yeah. I mean, it's it's it's very I think protects the town for sure. Uh there's a high standard here for replacing the box. Um so from a town perspective, I think this is this is good. Yeah. You know, some residents may be like

and I think the most important thing is most of the time it's not so much that we have to replace the box. The box is usually there. It just needs to be re the post or what it was mounted on,

right? sometimes. Um, so it's up to you. I don't think Ed's going to have a problem with this either way. If we go ahead and approve this today as opposed I don't think they'll have a problem. He was in today, but he didn't have a chance to uh completely read it because it wasn't finalized at that point in time. So, should we wait two weeks? Would you both be agreeable for that? That's fine. Certainly fine with me. Um, that would be fine. Should we put this in our minutes so that the general public can Yeah.

Weigh in on it if they have an issue with it. We can do that.

I don't have an issue with personally, but it's in our minutes. Someone may want to render an opinion. Jen, I'm happy to um forward you the copy to add on to the agenda. Two weeks. Okay. Okay. So, Grassy Hill Bridge. So, as you know, we had really hoped to go out to bid for Grassy Hill Bridge in January of this year. However, we need three easements. One [clears throat] of the easements is a temporary easement and that was signed off on and then we have two other easements. One is another temporary and then we had a permanent easement. Um there's been a little bit of a development today. We had sent both of these um off all by certified mail and one came back signed and that's been recorded. the other um went to a a law lawyer's office and that one had requested an appraisal for uh their land um because it would be a permanent easement although there would be no structure on it there would be an easement there. So, um our um law firm found someone who works with appraisals for DOT projects and they are willing to come out and do an appraisal um on this and the budget for the Grassy Hill bridges already has money set aside for such things. Um, what will happen though because we did not go out to bid. Um, I'm sorry, I should go back to the other appraiser. I had trouble. We sent

another the other property owner who lives out of town um the paperwork for a property on Boston Post Road. They signed for the first certified mail packet with all the information in it and we never heard back from them. And then we sent it again, which he took the packet, but he said to the postmaster, "I'm not signing." The mailman, he goes, "I'm not going to sign for it this time." But they noted that in the receipt and said he didn't sign for it, but he did take it. Um or the office did. I have been on the phone with the his administrative assistant multiple times. Um she finally said, "I'm just going to give you his cell phone number." I did. I've left wonderful messages saying, "Could you just call me about this paperwork? Um, if you have questions, I'm happy to walk you through it." He has never returned my calls. So, today I reached out through the building department because I know that he's working on the house. So, I called Mark and said, "Do you have contact information for him that I perhaps have a you have a different number?" Mark reached out to him, explained the situation. He said, "Oh, oh, okay, no problem. I'll come in this week." So, he's coming. So that would mean that we would only have to do the appraisal on that one other piece of property.

Permanent easement is the one that would be Yeah. Okay.

So um so we're going to request an extension for the current grant that we have um that would take place in the beginning of April that we will request to the extension and Howard Farmer will do all the paperwork for that um for state DOT. One of the biggest things though is we have made so much progress in the last year on this prog on this that we have gotten together all of the utilities coordinators. Everyone is on fact. They know what they have to do. And in a sense because of the fact that we've had so much snow, it's probably a nice thing that it is extended a little next till next year because right now school's not getting out as early as it would have or we don't even know when it would have get out. So that would have moved everything up a little bit more. One of the other things is is that if we go to bid next November, have this ready to go in November of 26, there will be a lot of construction people that'll be eager to get things on their docket for the following spring. So we should get some good pricing as well. So that is where we are. And then once we get the easements into place, Howard will come again and do a presentation of um the project for anyone who's interested. We had already hold held one uh public meeting with those people that live in the Grassy Hill Road. And I will say that Howard did update me that the bridge won't be as have to be as closed as long. Now we think it's only three to four months that it'll have to be closed because we'll be going to a pre-cast cover. So once it's ordered, it's only going to have to be dropped into place. So could should be a shorter amount of time. So that's all good. Any questions?

Okay. What's our what's our current deadline on funding for this this program? Yeah, we were supposed to try to be complete by 26. What have we had any discussions with DOT on that? They're very it's very common. remember they had this had had dropped off their radar when um I came into office and 3 months later they called me and said do you want an extension? So because of Howard said there's not going to be a problem because we've shown so much progress on this. They know and these things happen with easements. So it's a very typical type of thing that happens.

Um that's easements are the hardest part to get the project moving. Any other things, thoughts? Okay. Uh Jim 102-1 Mile Creek.

Right. So I went uh I had a sitewalk with um a representative from TRC, Ryan Bartas, and um we took and this is a free sitewalk, no uh expense to the town. and he agreed that it presented all the appearances of it being an old farm dump um that it appeared that part of the lot was graded and maybe it was capped material uh and there were visible car parts and things like that. So, um it was it confirmed what I what it what appeared to me to be. So there's a proposal from TRC to do a uh phase one uh ESA environmental site assessment uh which would be required if we did anything with this property and basically that would give us a site inspection. It would um interview all the property owners, people involved on the property. Um there'd be town hall research uh research for the state. um a full-sight assessment um and it would set us up for a phase two evaluation which would be actually going in there and doing tests and dates. So, uh, the cost for phase one, um, is here somewhere.

4,000 4. Yes, it's 4500. Uh, 4500. Um, and it could begin pretty much as soon as we approve this. and it would be done in a matter of uh a few weeks. So, and in my understanding, Jim, I'm sorry I didn't mean to, but that will set us better because for phase two and phase three, we can go out for grants, right, for the evaluation, the further evaluation and also the cleanup,

right? Yeah. This this would essentially, you know, do a reconnaissance of the property and, you know, uh, g give you the lay of the land for what's happening and set us up to do a real assessment property. So, um, I would propose that we, uh, move ahead. TRC's done work in just about every town around here. They're very well known and uh very well regarded. Um so I propose we go ahead at least with the phase one proposal. We do have a phase two proposal from them but I think we should go through this and consider it one step at a time.

Okay. Do you need a motion from one of us to approve the TRC proposal for the amount of $4,000 and change? Yeah. $4,500. $4,500. I believe this was sent I believe you sent this to August. I did. I sent it to all of you back in January, right? This January. Yeah. Do you remember that? Yes. Okay. So, I will make a motion to spend $4,500 for a site assessment at 102-1 Mile Creek Road by TRC.

I'll second. Any further discussion? Hearing none, I'll call for a vote. All those in favor of um approving the site assessment for $4,500 of 102-1 Mile Creek Road signify by saying I. I.

I. Any opposed? Any abstensions? Motion passes. Okay, moving on to the next item. Basically, Kitty did a vacancy report for all of us. These are the positions that are still available on our um authorities, boards, commissions, and committees. Um so if you know anyone, we would certainly have one or two Z's. We have an application like I know we have one water pollution control, but I wanted to see if we could pull some more applications in. So, if you know anyone who might be good on these types of committees, please reach out and see if they would consider serving. Okay.

Or to add resiliency command to this as well.

Um, yeah, we're not going to because the resiliency committee won't barely be voting on types of things, but more advisory. We are happy to advertise for it, but it won't go on the on board page. Is that okay with you? But I'll certainly advertise it and I will advertise all of these in my newsletter this week. Any questions, concerns? And next time around I will be going through uh this hall's I'll just start general direct discussion but I will um review with you the halls road improvements committee situation as far as [clears throat] what has been done where we are funding and our biggest discussion then will be the bridge that we had talked about that was partially funded for the um engineering what's left in those budgets what left do we owe to AI and how we feel that we need to proceed yet on the bridge issue not the sidewalk sidewalks are separate so um we'll go from there but I will bring you up to date on all that's been done and we'll go from there um anything else for general discuss discussion.

I would just like to uh thank our public works, police, fire department, emergency services, all the people who work through the blizzard. Uh Tuesday morning, I mean, the blizzard is still raging through Monday, uh couple feet of snow. Tuesday morning, I was rolling to work. You know, all the roads in town have plowed and it's pretty good because other towns were having some serious issues around us. So, you know, like to thank them for just working around the clock for a couple days to get that done. I agree. Um, John, do you have anything?

No, just great great job by the crew. I They were out there. Like you said, it was a tremendous storm and I I think they did they did an excellent job. U It's always hard to find some place to to put the snow. Today they they did go today and pick up some of the extra um larger quantities that are in the fire houses and the police station just to pick those up and they delivered those down to Townwoods so that they can melt down there and they had Don's approval. We did not put anything down there without Don saying it was okay.

Well, at least they'll kick the geese out for the ton of feeding. Um, one of the other things that has come up about like the America 250, um, there are people who have done things for this town, um, and I'm not going to name names, but they've created things that we continually use. They're still alive. They did artwork for the town. They did designs for logos and things like that. And we also have um some of our personnel who [clears throat] work here and have worked here for years. And [clears throat] some of the other towns give out recognition pins for so many years of service and also for possibly doing something as part of history. And I thought it might be a nice thing for the board of selectmen to give and maybe honor. And I don't want to interfere with America 250, but if there's a way we could bring together those people um that have designed some of these things that have made our town who we are um and honor them in some whether it's the beginning of a board of select to meeting I if America 250 wants to do it, we could do it through something with them because I know they've got presentations going on. But um I just think it's, you know, we have employees that have worked with us for 30, 40 years and they're still here and working. And we have um people who simply did some piece of artwork, never asked for any money for it, just did it and it's used still today after being designed 25, 30 years ago. So

I I know that we were concerned about the continuity of history too and to bring in that history wasn't just 1776 but it was also you know u our more contemporary history uh the continuity of old line culture. So I'm sure you know I can't speak for everyone but uh we you know coordinating that effort we have a lot on our plate right now but we can coordinating that effort or you know promoting that it sounds like a great idea. Um, the other thing that I forgot to mention, uh, that we talked about in America 250 was publishing a pamphlet essentially of how town government works, explaining town government. We thought it might be uh, we could write it with selection's approval. You could review it. Uh maybe that could be town publication something simple but something that the average citizen look at say oh this is because a lot of people really don't know how selected system works or they're surprised at the budget process just to lay out what are the mechanics the civics of old line town

yeah I think that's a great idea we might be able to find some high school students who would be have an interest in political science that might want to work together on this as you know and start a draft for us as we go through. Anyone else? Anything else? Uh I think Jim kind of brought it up last meeting about SP 151. Is that Yeah. So is that is the door still open to uh do a letter about some of the provisions of that to housing? Yes,

it seems like I got today like I got a thing about testimony for tomorrow that's needed. Um I did forward that to land use because it was geared towards the planning commission about the housing bill um and what they would or would not be able to do anymore or they how they'd have to change their ways. and it was literally two sentences but what they said for that particular pro provision um we most I'm trying to put together a working group two from zoning two from planning two from affordable housing I do have people who have volunteered from uh zoning in planning to sit down with me and sort of dissect all of this because we have to make a decision going forward whether we're joining Rivercog in writing the regional plan or if we're going to go out on our own. So, um I talked to Shila Ripple today and that will be on her agenda on Wednesday night to do the affordable and then I will put together a meeting with those people to sit down and pull together. I know that some people individually have written testimony. I have not at this point in time. So, well, there's this question of whether we wanted to sign on to that river letter, the letter from River concerning 160. I mean there's there's provisions that would drastically change the landscape of old lime especially now that uh you know sewers are being implemented in many of the beach communities it would fall under that because uh of those being installed so that you know the setbacks would would drastically be changed and and how

things could look down there in the future. I I I was very concerned about some of the provisions in that um and I don't think that that they would necessarily address housing issues and they could have a severe impact on quality of life [clears throat] in town. And it would certainly have a it could have a ripple effect on on town services in general when when you're having uh that increase in housing uh from schools to police to to fire to just about everything we do. I agree with you.

Yeah. So if you know I would be in favor of supporting that the letter from Rivercock but I'm not I don't know if that's something that is appropriate for the selectment to do at this point. I think I I mean Sam Gold has testified numerous on numerous times on that bill and some others. So I'm not sure the letter is still available to sign but we can certain I'll check with him tomorrow and if so I will sign it and on behalf of all of us and move forward with that. By the way, there was someone digging a hole on Hartford Road two day a week and a half ago uh during a rainy day um who said he was a contractor who didn't have a contract yet, but he was doing some preliminary work.

The the Yeah. The more concerning to me was asking to dig on a state highway. So, yeah. And he had that that um that's a huge red flag that they don't even know who to call,

right? [clears throat] So they did pave dead made sure that they paved over the hole that they started to dig on Hartford A and um he now knows that is not part of the public private private beach associations. So, we'll go from there. And there was a um flooding incident at the pavilion where a fire suppression system uh I guess it froze and p pipes broke and um large amounts of water started um being metered at Connecticut Water and they were notified, their alarm started going off and they found the leak. There were actually two. One was under the road for a different situation near a residence and then they found another one. Um they [clears throat] relocated the other one was through the pavilion. So that that has been taken off but the fire um alarm system is still on. It's just the suppression system is not

okay. Okay. I need a motion to adjurnn. I'll make motion to adjurnn. Second. Okay. 650. Thank you both. Jen, can you get