MINUTES
INLAND WETLANDS AND WATERCOURSES COMMISSION
SPECIAL MEETING
NOVEMBER 14, 2013
PRESENT WERE: Skip DiCamillo, Stanley Kolber, Dave McCulloch, Tim Rollins, Evan Griswold, Janet Bechtel, and Christian Tompkins. Also present were: Attorney Edward Cassella, Zoning and Wetlands Enforcement Officer Ann Brown, Land Use Administrator Kim Groves, Selectwomen Mary Jo Nosal, Janet Lage and Randy Nixon.
Chairman Skip DiCamillo called the meeting to order at 7:10 p.m.
Discussion regarding claims and handling of permit/complaint of 50/52 Shore Road.
Skip DiCamillo made a motion to move the meeting into Executive Session for the purpose of discussing claims against the commission and the administrative handling of the permit complaint regarding 50/52 Shore Road.
Dave McCulloch seconded the motion.
Discussion:
Stanley Kolber stated he has several questions regarding the process of handling complaints that come to the Inland Wetlands Commission. He stated with respect to the motion on the table he presented his understanding of facts that may relate to the motion. He noted it was his understanding that there is a pending litigation involving a zoning issue or dispute arising from this property regarding a shelter over a boat which has also been the subject at the Inland Wetland meetings. He noted that litigation was initiated by the person that has been writing complaints to our commission with respect to this property. He noted the letters vary and noted while they vary some of them have a somewhat threatening tone. He also noted that there is correspondence from Janet Lage which was
forwarded to the commission dated March 19th. He
Page 2 – IWWC
November 14, 2013
noted that correspondence was also copied to someone named Steven Sheehan Law. Kolber noted this makes him believe this correspondence was also sent to a lawyer. Ed Cassella verified that Steven Sheehan is an attorney in Old Saybrook. Kolber stated therefore he assumed that Ms. Lage is represented by counsel. He stated in addition the most recent letter received by the commission dated November 13, 2013 in his opinion was drafted by an attorney. He noted many of the complaints seem to relate to the administrative handling of the complaint by our Zoning and Wetlands Enforcement Officer. He stated he felt the letter contained threats of litigation and he personally feels the commission should have legal advice going forward and the history of a person who has initiated the
litigation. Therefore based on these facts he would like to move this discussion to Executive Session.
Christian Tompkins asked Attorney Cassella to explain what Executive Session means. Attorney Cassella explained that under Freedom of Information, Town Governments meetings are open to the public so members of the public can know what everyone is doing. He noted in certain instances you are allowed, under
statutes, to go into Executive Session which means it is just the board and it is not open. He noted there is a motion pending to go into Executive Session and if that motion is approved the room will be cleared and the door will be shut and then as a unit with staff and counsel the commission will be able to discuss matters. He noted there are only a few instances that an agency, no matter what level, can go into executive session. He noted the ones that are potentially pertinent to this discussion involve strategy negotiations with respect to pending claims or litigation which the commission is a party or the other is discussion of performance of an employee of the commission. He noted the commission needs to be clear as to what the reason is and the public can also be clear as to the reason.
Cassella stated if this is concerning performance of staff, Ann Brown has her own rights and we want to be sure that we are cognizant of that or if it is just about claims that are made because of complaints that were not handled properly. Cassella also noted while the commission is in Executive Session it is important to stay on track.
Page 3 – IWWC
November 14, 2013
Kolber stated the correspondence received does certainly suggest pending litigation. Bechtel asked that if the commission has ongoing questions about procedure and the best way to address a violation and how to properly deal with complaints if Attorney Cassella would be willing to attend additional meetings to help the commission with this process. Cassella stated he would be happy to attend a meeting and discuss what the regulations state and how the commission can best handle violations.
Dave McCulloch suggested we move into Executive Session. Ann Brown asked the commission to state what purpose they were going into Executive Session.
Cassella stated Commissioner Kolber stated to discuss the personnel matter of the administrative handling of the claim made as well as the threat of litigation.
Cassella stated that Ann Brown has rights as it relates to her and her performance. Brown indicated she was fine with moving into Executive Session.
The commission voted unanimously to go into Executive Session. Brown asked for clarification as to who would be in attendance during the session. The commission invited both Ann Brown and Kim Groves and Counsel to be present for the session.
The Commission moved from Executive Session to the regular meeting at 8:45 p.m.
Chairman DiCamillo noted for the record the commission took no actions and made no motions in Executive Session.
Bechtel requested at a later date the commission continue the discussion of procedure and how to properly follow through with a violation or a complaint and come to some uniform way to handle it. She also suggested the commission work on some standards for wetland flagging of properties. She also suggested that Attorney Cassella be present.
Page 4 – IWWC
November 14, 2013
Skip DiCamillo made a motion to adjourn the meeting. Janet Bechtel seconded the motion. The motion passed unanimously.
Respectfully submitted,
Kim Groves
Land Use Administrator
| 
