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Board of Selectmen Minutes 01/04/2010
Old Lyme Board of Selectmen
Regular Meeting Monday, January 4, 2010

The Board of Selectmen held a regular meeting at 7:30 p.m. on Monday, January 4, 2010 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 introduced Mary Ellen Garbarino as the new recording secretary.

1. ~Approval of Minutes - December 21, 2009 ~
The minutes of the regular meeting December 21, 2009 were reviewed. Selectman Sibley moved to accept the minutes as presented, with minor modifications to dates of for the 2010 Board of Selectmen meetings. Selectwoman Reemsnyder seconded the motion. SO VOTED.

2. Communications
        a. Letter to Christ the King Church – First Selectman Griswold stated that he sent a letter to Christ the King Church thanking them for hosting the H1N1 flu clinic in December during which over 750 people attended.  Another clinic will be hosted this month. First Selectman Griswold asked to discuss this later in the meeting.
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3. Appointments
a. Conservation Commission Appointments – First Selectman Griswold stated that an error was made during the Board of Selectmen meeting on  December 21, 2009 with the appointment of Richard Sattler to the Conservation Commission.  Mr. Sattler had sent in a letter stating that he did not want to continue on the Commission.  In place of Mr. Sattler, Taffy Holland and David McCulloch will be appointed for 3-year terms.  This will fill two slots, leaving one vacancy as Fran Gumkowski has asked to resign from the Commission.  There will be two alternate slots vacant as well.  Selectwoman Reemsnyder moved to rescind the appointment of Richard Sattler to the 2-year term, ending January 2011.  Selectman Sibley seconded the motion.  SO VOTED.  Selectman Sibley moved to appoint Taffy Holland to a 3-year term ending January 2010, Selectwoman Reemsnyder seconded the motion.  SO VOTED.  Selectwoman Reemsnyder moved to appoint David McCulloch to serve a 3-year term, ending January 2011.  Selectman Sibley seconded the motion.  SO VOTED.  Selectman Sibley mentioned that Taffy is stepping up from the alternate role and, at the next BOS meeting, she will be reinstated as a regular commission member.  Selectman Griswold stated that with these appointments, there will still be one regular member and two alternate member vacancies.

4. Old Business
~~~~~~~~a. Bus Barn Project Bid Results – First Selectman Griswold reported that the bids were opened on December 23, 2009.   The three lowest bids, and alternates for air conditioning, were as follows:

Connecticut Carpentry Corporation       $498,000 Bid            $4,000 Air Conditioning
Machnik Brothers, Inc           $521,400 Bid            $4,000 Air Conditioning
S. Carpenter Construction Co.   $564,400 Bid            $4,030 Air Conditioning

There were twelve bids, ranging from $498,000 to $772,000.  The Town’s engineer had estimated the basic construction cost at $550,000 (without the contingency).  The two lowest bids fell under that amount and the third bid slightly over.  The bid packages have been sent to the engineer for review.  First Selectman Griswold stated that he is confident a recommendation will made to the Board by the end of January.  The bidders have asked if they could begin work prior to March.  Selectman Griswold does not feel that would be an issue, weather permitting.  

~~~~~~~~        b. Church Corner Project Update – First Selectman Griswold stated that the Town is awaiting final bill on the contract work and the additional change orders.  There will be one more bill for the paving once the work is done i.e. several driveway aprons, bluestone walks in front of the Congregational Church and along the green.  Due to inclement weather, this work could not be finished on schedule.

        c. T-Mobile Public Hearing – First Selectman Griswold stated that there are two proposals for telecommunication towers in the Town of Old Lyme.  The T-Mobile application involves three towers.  One location is Buttonball Road, near the Buttonball Bridge on Ron Swaney's property, the second location is on Route 156 at the self-storage units owned by Gary Smith and the third at Point O'Woods, near the laundromat.  The second proposal is from SBA Towers II, LLC which proposes to locate a tower on a portion of Town property at the Cross Lane Park.  

The T- Mobile application was brought before the Connecticut Siting Council.  The Siting Council will conduct a public hearing on Thursday, February 4 at 7:00 p.m. in the Old Lyme Town Hall Meeting Hall.  The public is invited to a field review at the proposed sites beginning at 1:00 p.m. that same day.  Balloons will be flown at each site, representing the height of each tower.  A non-public hearing will begin at 3:00 p.m. followed at 7:00 p.m. by the public hearing.  Since SBA has not placed its proposal before the Siting Council, therefore a public hearing has not yet been scheduled.  

Selectwoman Reemsnyder inquired if there will be a discussion regarding the proposal from SBA at the January town meeting, since this matter is specific to town property.  First Selectman Griswold stated that there will be a vote on leasing part of the Cross La. Parcel to SBA and substituting a parcel of Town property in accordance with the DEP requirements.


5. New Business
a. Town Clerk Irene Carnell's Retirement – First Selectman Griswold touched on the highlights of the retirement party held for Town Clerk Irene Carnell.  First Selectman Griswold read a proclamation naming January 4, 2010 as Irene A. Carnell Day and thanking Irene for 33 years of service to the Town of Old Lyme.

        b. Annual Town Meeting – First Selectman Griswold reviewed the items to be discussed at the Annual Town Meeting scheduled for January 25, 2010 at 7:30 p.m. at the Middle School auditorium.

  • Accept 2009 annual report
  • Designate Citizen of the Year for 2009
  • Designate Jane Marsh as the Town’s representative to CRERPA
  • Approve appropriation of $32,000 for Duck River Bridge engineering
  • Lease 75 square feet plus an access drive at the Town’s Cross Lane parcel to SBA Towers II, LLC for cell tower
  • Substitute 17 Cross Lane (46 acre parcel) for the proposed SBA parcel
  • Amend the Harbor Management ordinance
  • Amend the Fee ordinance
  • Waive the LOL High School renovation/expansion building permit fee
Discussion of item #6:  Selectman Griswold stated that 17 Cross La is located across the street from the Cross Lane Park and is really part of the well fields for the Connecticut Water Co.  The Open Space Committee is in favor of this substitution.  Selectwoman Reemsnyder stated that Old Lyme received state and federal funds to develop the Cross Lane Park and there are deed restrictions concerning the use of the land. First Selectman Griswold stated that, when SBA’s lawyers reviewed the legal descriptions of the Cross Lane property, they discovered the Dedication Agreement which restricts the use of the property to open space or recreation.  If the Town wants to use it for another purpose, it would be required to substitute another parcel of land that is currently not designated open space or recreation.  Selectman Sibley asked if  Town approval was given, would the Town need permission from the CT DEP.  First Selectman Griswold said there had already been a preliminary meeting with DEP and the DEP was impressed with the substitution.  After a verbal approval from the DEP, SBA may proceed with the Siting Council application.  The formal DEP approval may take 18 months or longer for various federal sign-offs.  Once the DEP verbal approval is secured, it has never been overridden at the federal level.  A SBA representative will be present at the Town Meeting.  Selectwoman Reemsnyder asked if the Town is required to hold a hearing about the lease before it is presented at the Town Meeting and, if so, this should be done at the next Selectmen's meeting.  First Selectman Griswold agreed.   

Selectwoman Reemsnyder suggested that, within the next few days, the SBA Towers lease agreement, the Harbor Management addendum, and any other pertinent documents to be discussed at the Town Meeting should be posted online for review.  

Selectwoman Reemsnyder moved to schedule the Annual Town Meeting for Monday, January 25, 2010 at 7:30 p.m. at the Middle School auditorium with the agenda as read. Selectman Sibley seconded the motion. SO VOTED.

c. Possible Open Commission vs Committee – First Selectman Griswold tabled this item due to Diana Johnson's absence.  Selectman Sibley stated that there was a comment at a previous meeting that a workshop be held for the various commissions that would be affected by this change.  He spoke to Evan Griswold and briefly discussed the idea of such a workshop.  Evan thought it would be beneficial.

6. Public Comment
        a. Richard Moll, a member of the ZBA, addressed the Selectmen regarding the Four Mile River property boundary that had been changed due to the altered location of a stone wall by the property owner.  Mr. Moll asked as to the status of this matter.  First Selectman Griswold stated that he had drafted a letter to the property owner and just recently passed it along to the Selectmen for their review.  The letter states that it has been five years since the Town asked the property owner to request ZBA for a variance. Because so much time had gone by the letter asks that the stone wall be restored to its original location by May 1, 2010.  Mr. Moll asked for a copy of the letter, once it is finalized.


7. Other Business
a. The next H1N1 flu clinic is scheduled on January 11, from 4-8:00 p.m. at Christ the King Church.  This clinic is open to everyone.  The Old Lyme Health Department will distribute additional information to residents.  

        b. Thank-you to Public Works - Selectman Sibley suggested that a letter be sent to the Public Works employees from the Board thanking them for a job well done with regard to the recent snow storms.  The Board agreed and Selectman Griswold will get a letter to them soon.

        c. Next Board of Selectmen's Meeting – First Selectman Griswold will be out of state on January 19.  He asked if the next meeting could be scheduled for Friday, January 15 at 4:00 PM.  All agreed to this change.

Selectman Sibley stated that he will not be available for a meeting on February 15 and inquired if the meeting could be scheduled for Friday, February 12 at 4:00 p.m.  All agreed to this change.


9. Adjournment - Selectman Sibley made a motion to adjourn the meeting at 8:11 p.m., seconded by Selectwoman Reemsnyder.  SO VOTED.


Respectfully submitted, ~


Mary Ellen Garbarino
Recording Secretary