Old Lyme Board of Selectmen
Regular Meeting Monday, October 5, 2009
The Board of Selectmen held a regular meeting at 7:30 P.M. on Monday, October 5, 2009 in the Meeting Hall at the Old Lyme Memorial Town Hall. First Selectman Timothy Griswold, Selectman Skip Sibley and Selectwoman Bonnie Reemsnyder were present.
First Selectman Griswold announced that October is Breast Cancer Awareness Month.
1. Approval of Minutes: 21 September 2009
The minutes of the regular meeting on September 21 were reviewed.
Selectwoman Reemsnyder asked to have her comments added under item 6, High School Building Project Fee Structure for Town Inspections: she stated that the Town will be using salaried employees to perform the inspections and that the fee waiver was mentioned during the Ad Hoc Building Committee meetings prior to the District vote approving the building renovation plan. Selectwoman Reemsnyder also commented that if the Town charges too much for the building fees, the cost would be rolled into the bond and would increase the cost to the taxpayers.
Selectman Sibley moved to accept the minutes as amended. Selectwoman Reemsnyder seconded the motion. SO VOTED.
2. Communications
a. CT Comm. on Culture & Tourism – Award of $3,500 Historic Dist. Handbook Grant
The Historic District Commission received a letter from the Connecticut Commission on Culture & Tourism stating that the Town of Old Lyme has received a Certified Local Government Enhancement grant for $3,500 to update and reprint the Old Lyme Historic District Handbook. The grant is provided by the Historic Preservation Fund of the National Park Service, administered by the CT Commission on Culture & Tourism.
3. Appointments:
a. Roderick White (R) – Eastern CT Regional Tourism Dist. – 3 Yr Term to Sep 2012
Selectwoman Reemsnyder made a motion, seconded by Selectman Sibley, to appoint Roderick White to the Eastern CT Regional Tourism District for a 3 year term ending in September 2012.
4. Old Business:
a. High School Building Project – Discussion of Fee Structure for Town Inspections
First Selectman Griswold read his prepared remarks, which are attached to these minutes.
Selectwoman Reemsnyder stated that she has a problem with charging a $30,000 fee because the employees are salaried and they are not that busy right now. If extra help has to be hired to handle the work, that would be different and the school district may be willing to consider that. She stated that if this project is 41% bigger than the last one, it seems excessive to charge so much more. It is money that would have to be paid, rolled into the bond, etc.
Selectman Griswold stated that the matter has not been thoroughly discussed and that he is looking out for the taxpayers of Old Lyme. Even though the proposed fee is a relatively small amount of money, it would help Old Lyme taxpayers because they would receive the benefit of the 20% share from the Town of Lyme. If the project cannot afford this small amount of money, there is a problem. The fact that people have the impression that the fee will be $400,000 is a huge disservice. We are talking about something far smaller and, depending on how it’s handled, the school might have no impact from the fee if there is a contribution of the fee by the two towns. The fee serves to recognize that Old Lyme will spend a lot of time and energy on this project. Just because the
officials are on the payroll does not mean that a fee should not be charged for this project.
Selectman Sibley thanked Mr. Griswold for his analysis of the issue and stated that he had received a lot of email on the subject. He recommended that the process be allowed to play itself out and the result be brought to a Town Meeting. He agreed that the Board of Selectmen has a responsibility to the taxpayers of Old Lyme to make sure that the work is fairly compensated and an equitable fee is calculated.
Selectwoman Reemsnyder stated that, while the matter will be brought to the Board of Finance for discussion and input, ultimately the decision will be made by the Board of Selectmen.
b. Probate Redistricting – State House Approval
The State Legislature has voted in favor of Probate Court redistricting. Old Lyme remains affiliated with East Lyme, Salem, and Montville. This will take effect in January 2011. Next year Judges of Probate will be running for the Judgeships. Currently Judges who are not lawyers may run for Judgeships but, going forward, all Judges of Probate must be lawyers. Sylvia Peterson, who has served Old Lyme very well, will not be running for Judge of Probate again.
c. Bus Barn Project – Update
The draft documents have been received, and the bid packages should be ready in about a week.
The project will then be advertised and bid packages will be available at the Town Hall.
c. Church Corner Project – Update
The Church Corner Project is now moving along well. The road grade is all set and the binder course of pavement should be laid this Friday.
d. Public Works Garage Renovation – Update
The steel has been delivered and the project has been started. It should be done by the middle of November.
e. Bonding of Town Hall Debt – Debt Rating
John Bysko, Town Treasurer; Nicole Stajduhar, Finance Director; and First Selectman Griswold went to Webster Bank to open the bids for the $4.2 million, 15 year bond. Our true interest cost bid is 2.71%, which is very good and lower than expected. The closing is scheduled for October 15 and the short term note will be retired on October 29. The bond rating for the Town of Old Lyme was increased to AA+ from AA. This may have a beneficial effect on the future High School bond rates.
The Town Hall Building Committee will be meeting on October 14 to review the remaining issues to be addressed by the contractor. The deficient items have been quantified by the architect and the Notification of Default letters will be sent to the contractor and the bonding company.
f. Cell Tower Public Information Meeting
Both T-Mobile and SBA Towers are willing to come to an informal public information meeting. The meeting will be scheduled soon.
5. New Business:
a. SBA Towers II LLC – Resolution to Execute Cell Tower Lease (in Escrow)
Because SBA Towers II, LLC proposes to locate its tower on Cross Lane Firehouse property, the Town must sign a lease (which will be held in escrow) with SBA before that company can submit their proposal to the CT Siting Council. The Town will be paid $1,400 per year for up to three years for the approval process. However, the approval process is estimated to take 18 months. Once approved, the tower would be constructed and SBA would then pay the Town $1,400 per month rent, with a 3% increase each year. The Town would also get 10% of the rent paid by additional companies using the tower. The Town would be able to use the tower for emergency communications equipment. The town attorney has reviewed the option and lease documents.
MOTION: Selectwoman Reemsnyder moved, seconded by Selectman Sibley, that Timothy C. Griswold, the First Selectman, be and is herewith authorized to execute an Option and Land Lease, a Memorandum of Option and Land Lease and a Memorandum of Lease with SBA Towers II, LLC, a Florida limited liability company, in connection with a proposed communications tower on property owned by the Town of Old Lyme located at 14 Cross Lane, Old Lyme, CT. SO VOTED.
b. Resident State Trooper Contract – Renewal
The Resident State Trooper contract, which is for the two year period 1 July 2009 to 30 June 2011, has not been signed yet because (1) the Town has not been informed how overtime will be calculated and (2) the contract requires the Town’s police officers to sign a form saying that they have received a copy of and will abide by the State Police Operations Manual. The Dept. of Public Safety says that Resident Trooper towns should pay 70% of trooper overtime and 100% of the fringes (about 52% of wages). This contradicts what the Attorney General’s letter states, which is that the towns should pay 70% of the overtime and 70% of the fringes. The Town has been paying 100% of overtime and none of the fringes. It was decided to take up this matter at the next meeting.
c. Town Woods Park – Goose Control Proposal
There are many geese at the Town Woods Park. The Rogers Lake goose control person will control the geese at the Park for slightly less than the cost of controlling them at Rogers Lake. Selectman Griswold asked Don Bugbee, Director of Parks & Rec., to present the proposal to the Park & Rec. Commission. The Commission did not recommend proceeding at this time. Selectman Griswold asked Phil Neaton, Superintendent of the Black Hall Club and an expert on grass, to evaluate the situation at the Park.
d. Retirement of TFC Chris Olsen
Trooper Olsen will be retiring as of December 1, 2009, after 20 years of service. He thanked the citizens of Old Lyme for their cooperation and understanding over his years of service here.
6. Public Comment:
Mr. Bill Folland stated that he wants the Town Hall Expansion topic to remain on future Board of Selectmen agenda. He will be circulating a petition to request a Special Town Meeting be held to decide on the High School Building Project Permit and Inspection Fees. He wants similar action in the Town of Lyme
Nan Salvino commented that the school buildings are owned by Regional School Dist. 18, not the individual towns.
Mary Jane Nosal said she thought the Town was planning to charge a $400,000 Building Permit Fee and asked if there was a change of heart to charge a $30,000 fee. First Selectman Griswold replied that there is misinformation circulating about the $400,000 permit fee. The Old Lyme Selectmen never said that a 1% fee would be charged. First Selectman Griswold would like to discuss this with the Chairman of the Board of Education and other members. Selectwoman Reemsnyder stated that, at the last Board of Selectmen’s meeting, it was mentioned that a 1% fee could be charged, but that Old Lyme would charge a lower fee. She commented that the inspections will be done by salaried Town employees and that the Town charges contractors and homeowners building fees because they are the
only ones benefitting from their projects. The fees are a source of revenue for the Town. She argued that, because all the town’s residents would derive a benefit from the High School project, no fees should be charged, unless additional people need to be hired because of the increased work load. Mrs. Reemsnyder stated that she is representing the opinion of many taxpayers.
First Selectman Griswold replied that he believed the taxpayers of Old Lyme would be well served if the town charged a $30,000 fee for the project, with Old Lyme paying $24,000 and Lyme – the partner in the project- paying the balance ($6,000).
John Bysko commented that the memorandum read by Selectman Griswold explained the High School Project fee situation very clearly. He stated that he did not think that the taxpayers of Old Lyme would want to make a gift to Lyme of 20% of the project fee.
Jon Mittleman, a member of the Ad Hoc High School Building Committee, commented that, when the budget for the project was prepared, the Building Permit Fees were assumed to be waived, as they were in the previous school renovation project. First Selectman Griswold stated that it reckless to assume a potential fee of $400,000 would be waived without a formal, written communication confirming the waiver. Mr. Gomes sent a written request to clarify the fee issue on August 11 and the Old Lyme Board of Selectmen is doing its best to minimize fees.
Vicki Lanier commented that the Town is governed by ordinances and that there is an ordinance requiring Building Permit Fees for building projects. She said the Ad Hoc Committee had now power to waive the Building Permit Fee. She said the Selectmen are trying to moderate the fee and that the taxpayers of Old Lyme should decide at a Town Meeting if the fee structure should be changed for this project.
Selectwoman Reemsnyder stated that when the town officials went to the presentations given by the School Board and the High School Building Committee, they were told of certain assumptions that were made. At that time, it was stated that it was assumed that the building fees would be waived, as they have been in the past. Mrs. Reemsnyder stated that if she had thought there would be higher fees, she would have questioned the assumption. She would like the fee situation resolved in an equitable way.
Selectman Sibley stated that the fee situation will be resolved by following the process defined by the ordinance and at a Town Meeting. Mr. Sibley stated that he is confident in the democratic process.
7. Other Business: None
MOTION: Selectwoman Reemsnyder made a motion, seconded by Selectman Sibley, to go into Executive Session to discuss the Police Union Contract at 8:56 PM. SO VOTED.
8. Executive Session: Discussion of Police Union Contract
MOTION: Selectman Sibley made a motion, seconded by Selectwoman Reemsnyder, to come out of Executive Session at 9:48 PM. SO VOTED.
9. Adjournment:
MOTION: Selectwoman Reemsnyder made a motion, seconded by Selectman Sibley, to adjourn at 9:49 PM. SO VOTED.
Respectfully submitted,
Martha Hansen
Recording Secretary
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