Old Lyme Board of Selectmen
Regular Meeting: Friday, February 12, 2010
The Board of Selectmen held a regular meeting at 8:00 AM on Friday, February 12, 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.
1. ~Approval of Minutes – January 15 and February 1, 2010 ~
Selectwoman Reemsnyder moved to accept the January 15, 2010 minutes with one correction on page 2 under appointments. Linda Krulikowski was appointed to the Conservation Commission as an alternate for a 1-year term, ending January 2011. The minutes read 2013. Selectman Sibley seconded the motion. SO VOTED.
Selectwoman Reemsnyder moved to accept the February 1, 2010 minutes subject to some grammatical errors, Selectman Sibley seconded the motion. SO VOTED.
2. Communications
Historic District Commission – State Scenic Road Application
First Selectman Griswold read a letter from the Historic District Commission to the CT State Transportation Commissioner dated January 15, 2010. In summary, the Historic District Commission is requesting that the stretch of Route 1/Lyme Street/Boston Post Road north of I-95 to Boggy Hole Road (1.5 miles, the minimum length required) be designated as a State Scenic Road. This designation would provide additional protection to the houses, stone walls and mature trees in the Historic District, which ends at Rose Lane, as well as provide some protection to the stretch of road that includes the Griswold Preserve. The entity most affected by this designation would be the State DOT, as any expansion of the road would require that plans be presented at a public hearing. Property owners would retain about the same
control over their property that they have now. The Historic District Commission hopes that the Selectmen will support~State Scenic Road designation for this historic stretch of road.
Selectwoman Reemsnyder stated that she would like all property owners along the proposed scenic road to be kept informed by the Historic District Commission and that the Selectmen are copied on all said correspondence.
3. Appointments
Lymes' Senior Center Board: Bonnie Reemsnyder, 3-year term, expiring July 2011. Selectman Sibley moved to accept this appointment, First Selectman Griswold seconded the motion. SO VOTED. Selectwoman Reemsnyder recused herself from this vote.
Zoning Commission Alternate: Joan Bozek, 1-year term, expiring January 2011. Selectman Sibley moved to accept this appointment, Selectwoman Reemsnyder seconded the motion. SO VOTED.
4. Old Business
a. Bus Barn Update – First Selectman Griswold stated that the Town had executed a contract with Machnik Brothers for construction of the new Bus Barn Facility. The contract provides that the work will commence by mid-March and conclude by the middle of June. First Selectman Griswold reported that the lowest bidder, CT Carpentry, had filed a request in court for an injunction. The Town's legal counsel has responded, stating that the process was proper and, if this persists, the Town will ask for damages. There is a court date of March 1, 2010 for all involved parties. Selectman Sibley asked First Selectman Griswold if the Town's Ethics Committee had been notified about this matter and First Selectman Griswold stated that he would notify them.
b. Ratify the State Police Contract – First Selectman Griswold stated that the Town's labor attorney had reviewed the State Police Contract and made several recommendations. Counsel suggested that First Selectman Griswold write a letter to the State Police indicating the Town's concerns with the following areas:
1. The contract should clearly state "up to two Resident State Troopers" in place of "two Resident State Troopers". 2. Words should be added in Section 2 under Investigative Methods that state, "this shall not prevent the Town from conducting its own investigation of any personnel related matter at any time". 3. Section 3, add text leading into the sentence "that consistent with the Town's determination of the scope of services required, which may change from time to time as determined by the Town, the Town agrees to reimburse the State". 4. Presently the contract states that the Town needs to indemnify the State for loss that the State might have concerning actions by our personnel, and it would be appropriate if the Town
has the same statement that the State would indemnify the Town from risk associated with actions by Resident State Troopers. 5. Section 6 refers to "contractor" and it is not clear who the contractor is. First Selectman Griswold assumes that "contractor" is the State, but this should be made clear. Selectman Sibley moved to ratify the State Police Contract, with the recommended changes, and authorize First Selectman Griswold to execute all appropriate paperwork. Selectwoman Reemsnyder seconded the motion. SO VOTED.
c. Ratify the Police Union Settlement Agreement – First Selectman Griswold stated that the Town must ratify the Settlement Agreement between the Town and the Police Union and not the actual contract. The Settlement Agreement details all points that the Town and the Union agree to and is the basis for drafting the actual contract. Selectwoman Reemsnyder questioned the phraseology used on page 15, regarding an employee declining health insurance coverage. Discussion followed. Selectwoman Reemsnyder moved that the Town ratify the Settlement Agreement, with clarification of the language regarding "payment in lieu of medical benefits" in Article XVI, Section 1, paragraph 4, as well as adding Appendix E, and authorizing First
Selectman Griswold to execute the appropriate paperwork. Selectman Sibley seconded the motion. SO VOTED.
d. Town Hall Expansion Update – First Selectman Griswold reported that there was a meeting in New Haven with Attorney Garcia. Additional letters were mailed to the Netsch Company on February 11, 2010 demanding it complete the unfinished work on the Town Hall and that the work must begin within three days of receipt of the Town's letter. First Selectman Griswold was unclear how long the contractor had to complete the work, but stated that, if the contractor did not begin the repairs as requested, then the Town could use the funds to hire other companies. Selectman Sibley asked what the timeline would be, and First Selectman Griswold stated that, if the Town did not receive a response by the middle of next week, then the three-day issue would be
satisfied. Selectwoman Reemsnyder stated that it was very important that the Town Hall Expansion Committee continue to be active in order to be prepared and to act quickly.
e. T-Mobile Public Hearing Update – First Selectman Griswold stated that the T-Mobile Hearing was well-attended. The Laundromat Site near Point of Woods received the most public comment of the three. Previous to the public hearing, the Town sent a letter to T-Mobile requesting permission to put Town communication equipment on the top of the tower located at the South Shore Landing Self-Storage Facility. First Selectman Griswold continued to say that, when the Town analyzed the requirements for the tower with regard to Town communications equipment, it was recommended that the minimum height be 160 feet. The Town asked T-Mobile if it would accommodate this and fund (as SBA had agreed to do) the cost of the equipment. In addition, due
to the remote location of the tower, the Town asked if T-Mobile would provide a generator and a small building in which to put the equipment. T-Mobile has not had the opportunity to respond to this.
First Selectman Griswold stated that, based on questions and concerns stemming from the cell tower hearings and the Town Meeting, Dave Roberge has prepared a memorandum regarding the Town's emergency communications systems. Identification of problems and planned corrective actions were identified. Under the first part Identification of the Problems the memorandum states:
"While current service is adequate to the majority of the community, local topography places limitations on radio signals in certain areas. These areas which experience "loss of signal", include portions of the lower beach areas, (White Sands to Point of Woods), portions of Four Mile River Road, parts of I-95 and along portions of Route 156 near Tantummaheag Road, Coult Lane and Saunders Hollow Road. In addition, the local topography also limits the ability to communicate "vehicle-to-vehicle" in various locations. While the inclusion of a radio antenna system in the vicinity of the southern section of town will not correct all the deficient areas in the community, it would enhance radio communication along the beach area, Point of Woods, portions of Four Mile River Road and
I-95. In addition, an antenna site in this vicinity can become the cornerstone for further radio system upgrades and enhancements."
First Selectman Griswold stated that it is less costly to add Town emergency communication equipment to cell towers at the time of construction and he is confident that a communications upgrade in the beach area is coming. In summary, First Selectman Griswold stated that the Town's emergency services communications are adequate and, although there is room for improvement, the Town has not been told by either Ambulance or Fire personnel that the Town has a substandard situation.
Selectwoman Reemsnyder asked Mr. Roberge if the tower height were to increase to 160 feet from 100 feet, would there be another hearing in Old Lyme. Mr. Roberge knew only of a future hearing in New Britain. Selectwoman Reemsnyder requested that a letter be written to the Siting Council asking this question and, if the answer is that a hearing in Old Lyme is not planned, to strongly suggest that another hearing be held in Town. First Selectman Griswold will speak to both the Siting Council and T-Mobile about this.
5. New Business
OPM Municipal EECBG Notice of Grant Award – First Selectman Griswold stated that the Town has received an email notification from the State Office of Policy and management (OPM) that the Town's $46,000 request for the Energy Grant has been approved. The Town submitted this request in order to fund the purchase of single stream recycling carts. First Selectmen Griswold stated that this grant money, along with the settlement money from CRA, should cover the cost of the carts.
6. Public Comment –
Nina Tuck spoke of her dissatisfaction over the proposed Laundromat cell tower with regards to the distance from homes in the area. Paul Fuchs thanked the Selectmen for their prompt attention to his questions that he voiced at the February 1, 2010 Selectmen's meeting. He requested that a copy of Mr. Roberge's Memorandum be posted on the Town website for others to see . Robin Roundtree read a letter on behalf of Anna Silberberg regarding the proximity of the proposed self storage cell tower to the to the Mile Creek School.
Selectman Sibley spoke with regards to Nina Tuck and Anna Silberberg's concerns and requested that this be brought to the attention of the Town's Zoning Commission. First Selectman Griswold stated that he believed that the Siting Council has the ability to trump local zoning. Selectwoman Reemsnyder will look into our Zoning regulation, but would like this addressed at the next Siting Council hearing.
Ms. Tuck stated that the CT Siting Council was originally implemented to protect the interest of the residents of Connecticut and it is her opinion the Siting Council no longer serves its original purpose. She believes we need new legislature to protect the Town and it residents from the construction of cell towers in Old Lyme on any location that the Siting Council deems appropriate.
7. Other Business
a. Budget Process – Selectwoman Reemsnyder believes that the Board of Selectmen should receive the draft budget and then present it to the Board of Finance. She has yet to see the budget and requests that the Selectmen have these figures at the next Board of Selectmen's meeting. First Selectman Griswold understands that the Board of Selectmen should submit the budget to the Board of Finance, but for years the preparation of the budget has been a collaboration between the Boards of Selectman and Finance. It is difficult to get all the spending agencies' requests in for review and approval during January and February. The Board of Finance plays an active role, as members speak directly with the spending agencies. If the Board of Selectmen would prefer to receive the
information, process it, and turn it over to the Board of Finance in March, that would be a different way of doing it. Selectwoman Reemsnyder stated that she is not suggesting that the process be changed but, according to the present process in place, the Board of Selectmen should have had general budget numbers in hand two meetings ago, and it should have been an agenda item for the Board of Selectmen. First Selectman Griswold told Selectwoman Reemsnyder that her budget book has been in the Selectman’s Office for quite some time and that she can pick it up after the meeting.
b. Selectmen Requests – Selectwoman Reemsnyder referred to the Board of Selectmen's meeting minutes of January 15, 2010, and stated that Selectman Sibley had requested that pertinent documents, including a copy of the Planning Commission's recommendations about Olivia Lane, be posted on the Town's website. To her knowledge this has not been done. Selectwoman Reemsnyder stated that she was concerned that requests from the Selectmen to have documents posted on the Town's website are not being done. She would like their requests acted upon and, if not, they should be made as a motion in the future.
Selectman Sibley referred back to the discussion regarding the Town budget, and stated that requests to agencies are sent out in November and perhaps starting this process in October would help. First Selectman Griswold suggested that there should be a meeting between the Boards of Selectmen and Finance to discuss the process. The Selectmen agreed that the Town's Finance Director, Nicole Stadjuhar had improved the processes tremendously.
8. Executive Session
9. Adjournment – Selectman Sibley moved to adjourn the meeting at 9:45 AM, Selectwoman Reemsnyder seconded the motion. SO VOTED.
Respectfully submitted, ~
Mary Ellen Garbarino
Recording Secretary
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